Texas Supreme Court Rebuts Double-Fraction Presumption in 1951 Mineral Deed, Holds 1/128 Interest Fixed Despite Van Dyke Framework

The Texas Supreme Court reversed the El Paso Court of Appeals, holding that a 1951 deed's language "1/128 (1/16 of the usual 1/8 royalty)" conveyed a fixed 1/128 mineral interest rather than a floating 1/16 royalty interest, finding the deed's text rebutted the Van Dyke presumption that "⅛" in a double fraction refers to the entire mineral estate. The Court emphasized that the granting clause, present-lease clause, and future-lease clause all consistently referenced 1/128, with the parenthetical merely explaining the arithmetic calculation rather than creating an independent floating interest.