I can provide some information on this matter. 1st the land was owned by my grandfather and he sold it to Davison, He retained a 1/4 severed, undivided and non participating Royalty interest for himself and his hairs, he had 2 daughters both have past. so now it pulls down to 4 children on one daughters side and 3 on the other daughters side. we contacted Endever. back in November and Division orders were sent. the other three siblings question is it seems that they are dividing the fraction against the lease, and we interpret the lease should not effect the fraction. we have copys of the original warranty deed and this is how it reads.
SAVE AND EXCEPT Grantor herein, GRANDFATHERS NAME, does hereby reserve and retain unto himself, his hairs and assigns, an undivided one-fourth ( 1/4 ) interest in and all of the oil royalty, gas royalty, and royalty in casinghead gas , gasoline, and royalty in other minerals in and under, and that may be produced and mined from the land above described. and it is further understood and agreed that notwithstanding the grantor does not by these presents acquire any right to participate in the making of future oil and mining leases on said land . the 160.3 acres.
the question is why are they dividing into the lease and are they correct in doing that?
your feed back would be vary helpful .
Thanks for any information, Sláinte