Benedict G. Wenske and Elizabeth Wenske, Petitioners v. Steve Ealy and Deborah Ealy, Respondents

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the 2003 deed’s language shows the parties intended the Vyvjala non‑participating royalty interest to be shared proportionally between the Wenskes and the Ealys according to their mineral interests, rather than burdening only the Ealys. The Court rejected reliance on Bass v. Harper and the default rule from Pich, emphasizing that parties’ intent controls deed construction. Justice Boyd dissented, arguing that the deed subjects only the Ealys’ interest to the royalty reservation.