Throwing this out here in hopes of getting some educated opinions about the correct interpretation of exactly how much of an interest was conveyed in this deed. I changed both the legal description and the names just for privacy reasons, but have transcribed every other word and number EXACTLY as it appears on the deed. The blanks in some of the paragraphs are not omissions on my part – they were left blank on the deed. Would like those of you that are qualified and experienced in these matters to answer this question:
What, exactly, was conveyed here? Was it a ½ interest in all of the royalties of the 50 acres? Or was it a ½ interest OF a ½ interest in all of the royalties of the 50 acres?
The deed reads exactly as follows, sans the changes in the names and legal description:
THAT BOB SMITH AND BETTY SMITH, HUSBAND and wife hereinafter called Grantor, of Anytown County, Texas, for and in consideration of the sum of ten dollars and other consideration dollars ($10.00) cash in hand paid by JOHN COLLINS hereinafter called Grantee, the receipt of which is hereby acknowledged have granted, sold and conveyed assigned, and delivered and by these presents to grant, sell, convey, assign and deliver unto the said Grantee an undivided one-half (1/2) (25-acres-interest) interest in and to all of the oil, gas and other minerals in and under and that may be produced from the following described land situated in Anytown County, Texas, to-wit:
The South-west-quarter (S.W.-1/4) of the South-West-quarter (S.W.-1/4)—AND The South-
West-quarter (S.W.-1/4) of the South-east-quarter (S.E.-1/4) of the South-west-quarter
(S.W.-1/4) in Section twenty-six (Sec. 26) Block thirty two (Blk 32) B&O Railroad Survey,
containing 50-acres more or less…
(It being understood and agreed between the parties hereto that the Grantors are conveying to the Grantee an undivided 25-acres mineral in and to the above described land, less and except that Grantee is not to share in any lease-rentals, but is to share fully 1/2 -in all **all** oil and mineral royalty from said land. (That is-this mineral deed is a non-participating deed in the rentals only.)
Together with the right of ingress and egress at all times for the purpose of mining, drilling and exploring said land for oil, gas and other minerals, and removing the same therefrom.
Said land being now under an oil and gas lease executed in favor of ____, it is understood and agreed that this sale is made subject to the terms of said lease and/or any other valid lease covering the same, but covers and includes ___ of all of the oil royalty and gas or royalty due and to be paid under terms of said lease, in so far as it covers the above described land.
It is understood and agreed that ___ of the money rentals, which may be paid, on the above described land, to extend the term within which a well may be begun under the terms of said lease is to be paid to the said Grantee, and, in event that the above described lease for any reason becomes cancelled or forfeited, then and in that event, Grantee shall own ½ of all oil, gas and other minerals in and under said lands, together with a like interest in all royalties and provided for in future oil, gas and mineral leases covering the above described lands, except lease rental proceeds are retained.
TO HAVE AND TO HOLD the above described property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee herein, and Grantee’s successor’s, heirs, and assigns forever; and Grantor does hereby bind themselves, successors, heirs, executors and administrators to warrant and forever defend all and singular the said property unto the said Grantee herein, and Grantee’s successors, heirs and assigns, against every person whomever lawfully claiming or to claim the same or any part thereof.