Van Martin Gaskins, Trustee of the Van Martin Gaskins Family Trust Kelly Joe Gaskins, Trustee of the Kelly Joe Gaskins Family Trust Kayla Gaskins McDonnell, Trustee of the Kayla Gaskins McDonnell Family Trust v. Navigator Oil & Minerals, Inc. Warrior Exploration, LLC Patrick Banaise Blake Mitchell C. Meyers Michael J. Daniel Spencer Evans Blake Riley Blake Leader And Patricia Dalby Matthies ( 2023 )

11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT Van Martin Gaskins, Trustee of the * From the 118th District Court Van Martin Gaskins Family Trust; of Howard County, Kelly Joe Gaskins, Trustee of the Trial Court No. 53849. Kelly Joe Gaskins Family Trust; and Kayla Gaskins McDonnell, Trustee of the Kayla Gaskins McDonnell Family Trust, Vs. No. 11-21-00201-CV * June 8, 2023 Navigator Oil & Minerals, Inc.; * Opinion by Trotter, J. Warrior Exploration, LLC; (Panel consists of: Bailey, C.J., Patrick Banaise Blake; Trotter, J., and Williams, J.) Mitchell C. Meyers; Michael J. Daniel; Spencer Evans Blake; Riley Blake Leader; and Patricia Dalby Matthies, This court has inspected the record in this cause and concludes that there is error in the judgment below. Therefore, in accordance with this court’s opinion, we affirm the trial court’s judgment, in part, insofar as the trial court granted summary judgment in favor of Appellees and determined that (1) the Correction Deed is valid and enforceable, and (2) Appellants’ counterclaim for trespass to try title fails as a matter of law. We reverse the judgment of the trial court, in part, insofar as the trial court declared that J.S. Clay only conveyed a 50/160 royalty interest in the property to Joe Mac and LaVerne Gaskins, and we render judgment that the Correction Deed reserved unto J.S. Clay (and his heirs and assigns), and conveyed collectively to Joe Mac and LaVerne Gaskins, the same interest amount in the property—a 70/160 royalty interest. The costs incurred by reason of this appeal are taxed 50% against Appellants Van Martin Gaskins, Trustee of the Van Martin Gaskins Family Trust; Kelly Joe Gaskins, Trustee of the Kelly Joe Gaskins Family Trust; and Kayla Gaskins McDonnell, Trustee of the Kayla Gaskins McDonnell Family Trust, and 50% against Appellees Navigator Oil & Minerals, Inc.; Warrior Exploration, LLC; Patrick Banaise Blake; Mitchell C. Meyers; Michael J. Daniel; Spencer Evans Blake; Riley Blake Leader; and Patricia Dalby Matthies.