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Posted 12:30 PM, April, 15th 2014 by Manning Wolfe & filed under Blog

Duhig comes into play when a mineral owner owns less than 100% of the property conveyed by a Warranty Deed, and reserves a fractional interest. It boils down to interpreting a fraction of a fraction. The rule was borne from the Texas case Duhig v. Peavey-Moore, 135 Tex. 503, 144 S.W.2d 878 (Tex. 1940). Several other states have adopted the Duhig rule, either in whole, or with modifications, including Arkansas, Oklahoma, North Dakota, and Wyoming.

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Blog

Posted 12:44 PM, March, 15th 2014 by Manning Wolfe & filed under Blog

Habendum is a strange word that sounds more like a physical condition than a clause in a Deed or Oil and Gas Lease. The term springs from early 17th Century Latin, literally translating “that is to be had” or “that must be had”.

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Posted 12:35 PM, February, 15th 2014 by Manning Wolfe & filed under Blog

JOA is the common term used to describe the Model Form Operating Agreement related to the exploration and production of oil and gas under certain leases (The Contract Area). It also provides a method for solving disputes, which may arise during the course of business as outlined in the JOA. The scope of this blog is not to cover the entire agreement, or its history, which would take volumes, but to give a snapshot of what the JOA covers and why it’s so important to those in the energy arena.

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Blog

Posted 12:12 PM, January, 15th 2014 by Manning Wolfe & filed under Blog

A Holographic Will is a will entirely in the handwriting of the testator. These are addressed in various jurisdictions under the Probate Code for each state. In Texas, they are covered in Section 59 of the Texas Probate Code, as follows:

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