Bretton Guy Dawkins, Bradley Ken Dawkins, Jerry Howard Oxford and Sharon Ann Oxford v. Madelon Hysaw, Kathryn Hysaw Weaver, Michael and Cindy Burris Family Partnership III, Ltd., Byron M. Burris, and Judith Ann Burris Dziuk

• Court: Court of Appeals of Texas
• Decided: July 30, 2014
• Docket: 04-13-00539-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-13-00539-CV

Bretton Guy DAWKINS, Bradley Ken Dawkins, Jerry Howard Oxford and Sharon Ann Oxford, Appellants

v.

Madelon HYSAW, Kathryn Hysaw Weaver, Michael and Cindy Burris Family Partnership III, Ltd., Byron M. Burris, and Judith Ann Burris Dziuk, Appellees

From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 12-05-00107-CVK Honorable Donna S. Rayes, Judge Presiding

BEFORE JUSTICE BARNARD, JUSTICE MARTINEZ, AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, the trial court’s judgment is REVERSED.

We RENDER judgment that Ethel Nichols Hysaw’s will devised to each of her children all of her rights in the surface and mineral estates corresponding to the surface acres she devised to each, including all royalties earned from the acreage devised to that child, subject to the two fractional royalty interests—fixed fractions of 1/24 of production—reserved for the other two siblings.

Because Ethel Nichols Hysaw conveyed mineral interests in the 200 and 150 acre tracts before she died, we also RENDER judgment that Ethel Nichols Hysaw’s will devised to each of her children an equal share in a fraction of any and all royalties produced from the 200 and 150 acre tracts.

Costs of this appeal are taxed against Appellees Madelon Hysaw, Kathryn Hysaw Weaver, Michael and Cindy Burris Family Partnership III, Ltd., Byron M. Burris, and Judith Ann Burris Dziuk. 04-13-00539-CV

SIGNED July 30, 2014.

_____________________________ Patricia O. Alvarez, Justice

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