Kevin F. Karli, James W. Dobbs, Margaret E. Dobbs, Henry C. McQuaide, III, Chris H. Hoegemeyer, Kyle W. Hoegemeyer, William H. Hoegemeyer II, Sam Wigington, III, Justin T. Price, Robert Hugh Williams, Gwendolyn S. Williams, Stephanie R. Saculla, John Cody Saculla, Patrick Clarke, Kathryn E. Clarke, and Mary Catherine Davis, Independent of the Estate of Joe R. Davis v. Claude Wilson, Mary Claudene Brewer, Arleigh P. Helfer, Melany Rae Helfer-Hullett, Wendi Rene Hughes, Karen Sue Schaible, John Weldon Allums, Alvin Reese Helfer and Jason Reed Helfer

CourtCourt of Appeals of Texas
DecidedOctober 30, 2025
Docket08-24-00065-CV
StatusPublished

This text of Kevin F. Karli, James W. Dobbs, Margaret E. Dobbs, Henry C. McQuaide, III, Chris H. Hoegemeyer, Kyle W. Hoegemeyer, William H. Hoegemeyer II, Sam Wigington, III, Justin T. Price, Robert Hugh Williams, Gwendolyn S. Williams, Stephanie R. Saculla, John Cody Saculla, Patrick Clarke, Kathryn E. Clarke, and Mary Catherine Davis, Independent of the Estate of Joe R. Davis v. Claude Wilson, Mary Claudene Brewer, Arleigh P. Helfer, Melany Rae Helfer-Hullett, Wendi Rene Hughes, Karen Sue Schaible, John Weldon Allums, Alvin Reese Helfer and Jason Reed Helfer (Kevin F. Karli, James W. Dobbs, Margaret E. Dobbs, Henry C. McQuaide, III, Chris H. Hoegemeyer, Kyle W. Hoegemeyer, William H. Hoegemeyer II, Sam Wigington, III, Justin T. Price, Robert Hugh Williams, Gwendolyn S. Williams, Stephanie R. Saculla, John Cody Saculla, Patrick Clarke, Kathryn E. Clarke, and Mary Catherine Davis, Independent of the Estate of Joe R. Davis v. Claude Wilson, Mary Claudene Brewer, Arleigh P. Helfer, Melany Rae Helfer-Hullett, Wendi Rene Hughes, Karen Sue Schaible, John Weldon Allums, Alvin Reese Helfer and Jason Reed Helfer) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kevin F. Karli, James W. Dobbs, Margaret E. Dobbs, Henry C. McQuaide, III, Chris H. Hoegemeyer, Kyle W. Hoegemeyer, William H. Hoegemeyer II, Sam Wigington, III, Justin T. Price, Robert Hugh Williams, Gwendolyn S. Williams, Stephanie R. Saculla, John Cody Saculla, Patrick Clarke, Kathryn E. Clarke, and Mary Catherine Davis, Independent of the Estate of Joe R. Davis v. Claude Wilson, Mary Claudene Brewer, Arleigh P. Helfer, Melany Rae Helfer-Hullett, Wendi Rene Hughes, Karen Sue Schaible, John Weldon Allums, Alvin Reese Helfer and Jason Reed Helfer, (Tex. Ct. App. 2025).

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

————————————

No. 08-24-00065-CV ————————————

Kevin F. Karli, James W. Dobbs, Margaret E. Dobbs, Henry C. McQuaide, III, Chris H. Hoegemeyer, Kyle W. Hoegemeyer, William H. Hoegemeyer II, Sam Wigington, III, Justin T. Price, Robert Hugh Williams, Gwendolyn S. Williams, Stephanie R. Saculla, John Cody Saculla, Patrick Clarke, Kathryn E. Clarke, and Mary Catherine Davis, Independent Executrix of the Estate of Joe R. Davis, Appellants

v.

Claude Wilson, Mary Claudene Brewer, Arleigh P. Helfer, Melany Rae Helfer-Hullett, Wendi Rene Hughes, Karen Sue Schaible, John Weldon Allums, Alvin Reese Helfer and Jason Reed Helfer, Appellees

On Appeal from the 472nd District Court Brazos County, Texas Trial Court No. 22-000428-CV-472 MEMORANDUM OPINION 1

This case concerns the proper interpretation of a reservation clause of an oil-and-gas deed

wherein the clause includes inconsistent language about the rights reserved by two grantors and

the fractional share of the rights. The first part of the clause expressly reserves a 1/32 interest in

“minerals” for each grantor, its middle part excludes their participation in bonus and rentals, and

the final part concludes with a statement of the grantors intention to reserve a 1/4 “non-

participating interest in the customary one-eighth royalty.” The grantors’ and grantee’s successors

dispute whether the reserved interests are bare royalty interests or interests in the mineral estate

stripped of rights to bonus and delay rentals but including executive and development rights. They

also disagree on whether the reserved interests include 1/4 or 1/32 of the respective lease royalties.

We hold that each grantor reserved a 1/4 mineral interest stripped of all rights except for the right

to royalty payments equal to 1/4 of the lease royalty. Accordingly, we affirm in part and reverse

in part the trial court’s judgment.

I. BACKGROUND

A. The 1950 deed

In 1950, grantors C. R. Wilson, joined by his wife, Verney Wilson, and Mary Ida Wilson

Allums, joined by her husband, W. F. Allums, executed a warranty deed conveying title to 196.7

acres of Brazos County land to grantee, the Veteran’s Land Board of Texas, while also reserving

in the deed the following interests:

SAVE AND EXCEPT, however, there is reserved and retained by C. R. Wilson an undivided one-thirty second right, title and interest in and to all oil, gas and other

1 This case was transferred from the Tenth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov’t Code Ann. § 73.001. We apply the precedent of the Tenth Court of Appeals to the extent it conflicts with our own. See Tex. R. App. P. 41.3.

2 minerals in and under said lands or that may be produced or saved from said lands, and there is reserved and retained unto Mary Ida Wilson Allums an undivided one- thirty-second right, title and interest in and to the oil, gas and other minerals in and under said lands or that may be produced or saved from said lands; provided, however, that the said C. R. Wilson and Mary Ida Wilson Allums shall not be entitled to receive any rental or bonus moneys paid for leases, and it being the intention to reserve unto the said C.R. Wilson a one-fourth non-participating interest in the customary one-eighth royalty and unto the said Mary Ida Wilson Allums a one-fourth nonparticipating interest in the customary one-eighth royalty.

Appellants (the Karli Successors 2) are certain of the successors-in-interest to the grantee, the

Veteran’s Land Board of Texas, while Appellees (the Wilson Successors 3) are the successors-in-

interest to grantors, C.R. Wilson and Mary Ida Wilson Allums.

B. Leasing and development

More than half a century after the deed was executed, Wildfire Energy Operating, LLC,

obtained oil and gas leases from the Karli Successors. The leases provided for lessor’s royalties

above the “customary one-eighth,” ranging between 3/16 and 1/4. After drilling multiple wells,

Wildfire sought to confirm each interest-owner’s royalty share, asking parties from both sides to

execute a royalty interest agreement stating that the successors of the grantors (the Wilson

Successors) reserved “a perpetual 1/2 of royalty that would change depending on the underlying

royalty of the oil & gas lease.” Although some successor-owners agreed, others did not. 4

2 The successors-in-interest of the Veteran’s Land Board include Appellees Kevin F. Karli, James W. Dobbs, Margaret E. Dobbs, Henry C. McQuaide, III, Chris H. Hoegemeyer, Kyle W. Hoegemeyer, William H. Hoegemeyer II, Sam Wigington, III, Justin T. Price, Robert Hugh Williams, Gwendolyn S. Williams, Stephanie R. Saculla, John Cody Saculla, Patrick Clarke, Kathryn E. Clark, Martha Jones, and Joe R. Davis. 3 The successors-in-interest of C.R. Wilson and Mary Ida Wilson Allums are Appellants Claude Wilson, Mary Claudene Brewer, Arleigh P. Helfer, Melany Rae Helfer-Hullett, Wendi Rene Hughes, Karen Sue Schaible, John Weldo Allums, Alvin Reese Helfer and Jason Reed Helfer are successors of C.R. Wilson and Mary Ida Wilson Allums. 4 Among the Karli Successors, two signed the Royalty Interest Agreement and thus they were not included in the underlying suit.

3 C. Procedural history

The Wilson Successors filed suit against the Karli Successors in which they sought a

judgment declaring their ownership of non-participating royalty interests entitling them to payment

of 1/2 of the leases’ royalties, collectively, or representing 1/4 to each grantor. The suit also

included a trespass-to-try-title claim and asked for attorney’s fees and costs. Responding, the Karli

Successors filed general denials and not guilty pleas to the trespass-to-try-title action.

Consistent with their petition, the Wilson Successors soon filed an amended motion for

summary judgment, arguing the 1950 deed reserved a 1/4 non-participating royalty interest in the

respective lease royalties for the heirs and assigns of C.R. Wilson and a like interest for the heirs

and assigns of Mary Ida Wilson Allums; or, alternatively, they contended that the deed reserved a

1/4 non-participating mineral interest to the heirs and assigns of C.R. Wilson and a like interest to

the heirs and assigns of May Ida Wilson Allums. The Karli Successors filed a competing motion

for summary judgment, contending the deed’s grantors each reserved a 1/32 mineral interest

stripped of the rights to bonus and rentals. In other words, they argued that each grantor reserved

a 1/32 (or collective 1/16) interest in the mineral estate “inclusive of the rights attributable to

[grantors’] fractional interest in the executive right, the royalty right and the right to self-develop.”

The trial court granted the Wilson Successors’ motion for summary judgment and denied

the Karli Successors’ competing motion, declaring that the Wilson Successors own a non-

participating royalty interest in the amount of 1/4 of the respective lease royalties for the current

and any future leases for the heirs of C.R. Wilson and a 1/4 of the respective lease royalties for the

current and any future leases for the heirs of Mary Ida Wilson Allums. The trial court denied all

other relief. 5

5 We take this to mean that the trial court denied the trespass-to-try-title claim and the request for attorney’s fees. The parties do not address these issues on appeal.

4 This appeal followed.

II. STANDARD OF REVIEW

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Brookshire Grocery Co.
250 S.W.3d 66 (Texas Supreme Court, 2008)
Lesley v. VETERANS LAND BD. OF STATE
352 S.W.3d 479 (Texas Supreme Court, 2011)
Little v. Mountain View Dairies, Inc.
217 P.2d 416 (California Supreme Court, 1950)
Garrett v. Dils Company
299 S.W.2d 904 (Texas Supreme Court, 1957)
Jupiter Oil Co. v. Snow
819 S.W.2d 466 (Texas Supreme Court, 1992)
Luckel v. White
819 S.W.2d 459 (Texas Supreme Court, 1992)
Halbert v. Green
293 S.W.2d 848 (Texas Supreme Court, 1956)
Martin v. Snuggs
302 S.W.2d 676 (Court of Appeals of Texas, 1957)
Shaffer v. Schaleben
236 S.W.2d 234 (Court of Appeals of Texas, 1951)
Barker v. Levy
507 S.W.2d 613 (Court of Appeals of Texas, 1974)
Benge v. Scharbauer
259 S.W.2d 166 (Texas Supreme Court, 1953)
Harriss v. Ritter
279 S.W.2d 845 (Texas Supreme Court, 1955)
Dynegy Midstream Services, Ltd. Partnership v. Apache Corp.
294 S.W.3d 164 (Texas Supreme Court, 2009)
Mecom v. Thompson
239 S.W.2d 847 (Court of Appeals of Texas, 1951)
Hudgins v. Lincoln National Life Insurance Company
144 F. Supp. 192 (E.D. Texas, 1956)
Concord Oil Co. v. Pennzoil Exploration and Production Co.
966 S.W.2d 451 (Texas Supreme Court, 1998)
Day & Co., Inc. v. Texland Petroleum, Inc.
786 S.W.2d 667 (Texas Supreme Court, 1990)
Arnold v. Ashbel Smith Land Company
307 S.W.2d 818 (Court of Appeals of Texas, 1957)

Cite This Page — Counsel Stack

Bluebook (online)
Kevin F. Karli, James W. Dobbs, Margaret E. Dobbs, Henry C. McQuaide, III, Chris H. Hoegemeyer, Kyle W. Hoegemeyer, William H. Hoegemeyer II, Sam Wigington, III, Justin T. Price, Robert Hugh Williams, Gwendolyn S. Williams, Stephanie R. Saculla, John Cody Saculla, Patrick Clarke, Kathryn E. Clarke, and Mary Catherine Davis, Independent of the Estate of Joe R. Davis v. Claude Wilson, Mary Claudene Brewer, Arleigh P. Helfer, Melany Rae Helfer-Hullett, Wendi Rene Hughes, Karen Sue Schaible, John Weldon Allums, Alvin Reese Helfer and Jason Reed Helfer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevin-f-karli-james-w-dobbs-margaret-e-dobbs-henry-c-mcquaide-iii-texapp-2025.