News
Order of Death Must be Uncertain to Apply “Common-Disaster” Provision in Will
On March 18, 2016, the Texas Supreme Court considered whether a murder-suicide triggered a “common-disaster” provision in two spouse’s mirror wills in Stephens v. Beard, --- S.W.3d ---, 2016 WL 1069089 (Tex. Mar. 18, 2016) (per curiam). The undisputed facts show that...
Williams Speaks on Fiduciary Duties in Mineral Management
Shareholder Jed Williams was a presenter at the Real Estate, Oil and Gas Conference hosted by the Wealth Management Division of the Texas Bankers Association held on March 24, 2016 in San Antonio. Williams spoke on "Fiduciary Issues in Mineral Management" and...
Another Texas Appellate Court Rejects a Tortious Interference with Inheritance Claim
In Anderson v. Archer, 03-13-00790-CV, 2016 WL 589017 (Tex. App.—Austin Mar. 2, 2016, no pet. h.), the Austin Court of Appeals flatly rejected the existence of a Texas common-law cause of action for tortious interference with inheritance. After the jury awarded $2.5...
Easement Must Result in Access to a Public Road at Time of Severance
This matter involves a landlocked tract of land and property adjacent to it that were part of an 1853 land grant from the State of Texas. The land grant was partitioned into separate tracts in 1866 at which time the tracts were severed. Staley, the eventual owner of...
The Texas Supreme Court addresses “floating” v. “fixed” royalty in Hysaw v. Dawkins
Despite acknowledging the need for more certain and predictable guidance, the Texas Supreme Court refused to adopt a bright line rule regarding the fixed vs. floating royalty interpretation. On January 29, 2016, the Texas Supreme Court delivered the opinion of the...
Morales Earns Board Certification
Eduardo Morales, a member of the Trusts and Estate group at HFG, has earned Board Certification in Estate Planning and Probate Law. Only about 10% of attorneys in Texas earn Board Certification through a rigorous and thorough process which includes a minimum of five...
2015 Distinguished Young Alumnus
Ty Sheehan was elected by The St. Mary's University School of Law Alumni Association as its 2015 Distinguished Young Alumnus.He was one of three Graduates honored recently at a dinner at the St. Mary’s University School of Law Annual Distinguished Graduate Dinner at...
David Jed Williams Appointed Co-Chair of the Fiduciary Duties Subcommittee
Jed Williams has been appointed as Co-Chair of the Fiduciary Duties Subcommittee of the American Bar Association Litigation Section's Business Torts and Unfair Competition Committee for the 2015-2016 bar year.As a Subcommittee Co-Chair, he will: actively participate...
Texas Supreme Court May Provide Guidance on the Debate Regarding Fractional Royalty v. Fraction of Royalty
On October 9th the Texas Supreme Court granted the petition for review the case Dawkins v. Hysaw. In Dawkins, the Court was once again presented with the common issue regarding whether an interest is considered a fraction of royalty or a fractional royalty.A...
San Antonio Court of Appeals Dismisses Landowner’s Nuisance Claim Against Two O&G Operators in Eagle Ford
In 2013, the Cernys filed suit against Marathon Oil Corporation and Marathon Oil EF, LLC (Marathon), as well as Plains Exploration & Production Company (Plains) alleging that Marathon and Plains’ negligent oilfield operations in the Eagle Ford Shale near their...