Robert H. Henry Margaret Green Henry, Individually and as Trustee of Margaret Green Henry Trust U/W/O William H. Green, Jr., and as Trustee of Margaret Green Henry Trust U/W/O Elizabeth Moore Green Clayton Moore Henry And Helen Henry Wright v. George Ray Smith, Susan A. Tull and Shannon L. Riley, in the Capacities as Co-Executors of the Estate of C.B. Christie, Jr. ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-20-00169-CV
ROBERT H. HENRY; MARGARET § On Appeal from the 97th District Court
GREEN HENRY, INDIVIDUALLY AND
AS TRUSTEE OF MARGARET GREEN
HENRY TRUST U/W/O WILLIAM H.
GREEN, JR., AND AS TRUSTEE OF
MARGARET GREEN HENRY TRUST
U/W/O ELIZABETH MOORE GREEN; § of Archer County (2017-0100A-CV)
CLAYTON MOORE HENRY; AND
HELEN HENRY WRIGHT, Appellants
V.
§ November 24, 2021
GEORGE RAY SMITH, SUSAN A. TULL
AND SHANNON L. RILEY, IN THE
CAPACITIES AS CO-EXECUTORS OF THE
ESTATE OF C.B. CHRISTIE, JR.,
DECEASED, Appellees § Opinion by Justice Wallach
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in part of the trial court’s judgment. It is ordered that the judgment of the
trial court is affirmed in part and reversed in part. We affirm that portion of the trial
court’s judgment denying permanent injunctive relief to Appellants Robert H. Henry;
Margaret Green Henry, Individually and as Trustee of Margaret Green Henry Trust
u/w/o William H. Green, Jr., and as Trustee of Margaret Green Henry Trust u/w/o
Elizabeth Moore Green; Clayton Moore Henry; and Helen Henry Wright (Surface
Owners’) regarding violations of the Natural Resources Code arising from violations
of the NEC. We reverse that portion of the trial court’s judgment in favor of
Appellees George Ray Smith, Susan A. Tull and Shannon L. Riley, in the capacities as
Co-Executors of the Estate of C.B. Christie, Jr., Deceased (Lessees) as to the
summary judgment on the Surface Owners’ breach of contract claim regarding the
covenants and remand this case to the trial court for further proceedings on that
claim. We reverse that portion of the trial court’s judgment denying Surface Owners’
request for a permanent injunction against Lessees’ trespass on Surface Owners’ estate
and remand the case to the trial court for entry of a permanent injunction enjoining
Lessees from future trespass.
It is further ordered that Appellants Robert H. Henry; Margaret Green Henry,
Individually and as Trustee of Margaret Green Henry Trust u/w/o William H. Green,
Jr., and as Trustee of Margaret Green Henry Trust u/w/o Elizabeth Moore Green;
Clayton Moore Henry; and Helen Henry Wright shall pay one-hlaf of all costs of this
appeal and that Appellees George Ray Smith, Susan A. Tull and Shannon L. Riley, in
the capacities as Co-Executors of the Estate of C.B. Christie, Jr., Deceased shall pay
one-half of all costs of this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Mike Wallach___________________
Justice Mike Wallach