Chesapeake Exploration, L.L.C. v. B N W Property Co., 393 S.W.3d 852

Edwards conveyed 1/4 of his mineral estate to Haley and reserved 3/4, retaining the executive rights to the entire mineral estate.
After Edwards’s death, his interests were partitioned among three parties, including Beckhams who inherited 1/3 of the mineral estate and 4/9 of the executive right.
The Beckhams’ successors conveyed to Vest a 1/3 mineral interest via two deeds silent about the 4/9 executive right.
The trial court entered judgment for BNW, holding the remaining 1/9 executive right did not pass under the deeds.
Chesapeake contends the deeds conveyed the entire 4/9 executive right; BNW contends only 3/9 passed, leaving 1/9 unrevealed by the deeds.
The appellate court reversed, holding the 4/9th executive right passed under the deeds and rendering take-nothing for BNW.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the deeds pass the entire 4/9 executive right?	Chesapeake argues the deeds conveyed all 4/9 of the executive right.	BNW argues only 3/9 passed; 1/9 was not conveyed by the deeds.	Yes; the 4/9th executive right passed under the deeds.

Luckel v. White, 819 S.W.2d 459 (Tex. 1991) (deed construction is a question of law for unambiguous deeds)
Karm v. City of Castroville, 219 S.W.3d 61 (Tex.App.—San Antonio 2006) (deed construction limits and deference to stipulated facts)
Day & Co., Inc. v. Texland Petroleum, Inc., 786 S.W.2d 667 (Tex. 1990) (executive rights pass by implication when not expressly reserved or excepted)
Lesley v. Veteransland Board of State, 352 S.W.3d 479 (Tex. 2011) (executive rights pass under deeds unless explicitly reserved)
Concord Oil Co. v. Pennzoil Exploration & Prod. Co., 966 S.W.2d 451 (Tex. 1998) (executive right can be conveyed or reserved with other mineral interests)
Altman v. Blake, 712 S.W.2d 117 (Tex. 1986) (executive right is a distinct mineral estate interest)