I finding two different answers when I search for this. So the lease was open in 1996. My grandpa died in 2006. Minerals were deeded to grandchildren. Life tenant under open doctrine will receive all the royalties bc the lease was holding barrels for 20+ years bc small well. New wells are being drilled. Landman said....money goes into a trust and she get the interest, then I found where lease was opened and still current and any new wells still will be hers 100%. Here are two of the quotes I found.
The Open Mines Doctrine is a crucial factor in any lease negotiations that involve life tenants or remaindermen. Simply put, the Open Mines Doctrine permits a life tenant to receive royalty payments for production wells that were already in existence at the moment of the tenancy's creation. Royalties from newer wells must be held in trust for the duration of the life tenancy and passed to the remaindermen upon the tenant's death. However, the life tenant does retain the right to receive any interest payments that the trust produces.
The Open Mine Doctrine relating to oil and gas production may be summarized as:
a. If there was a producing well or wells in existence when the life estate was created, the life tenant will continue to receive all of the royalty from the wells, and the remaindermen will take nothing until termination of the life estate.
b. If there was no producing well on the property, and it was not subject to an oil and gas lease when the life estate was created, the life tenant is not entitled to royalty on any new lease, but is allowed to “use” the royalty for life. This usually means the life tenant’s royalty share is held in trust and the tenant receives the interest earned from the royalty (“banking” interest). On the death of the life tenant, the remaindermen is entitled to all of the accrued royalty income.
c. If a lease was taken prior to the creation of a life estate, and production was developed after the creation of the life estate, the Open Mine Doctrine is applied. The life tenant gets all of the royalty for life.