ECHOLS MINERALS LLC TOC HOLDINGS LLC GULF WIND RESOURCES LLC ASRO MANAGEMENT LLP DAVID WEAVER ECHOLS ROY LEE TODD NANCY CARTER CATHY HUTCHESON DOUGLAS KIT NELSON LEE KEITH TILTON TERRA SHAMARI CONE DANIEL ELI DENNISON JOSHUA MARTIN RUDIN CEILIA KAISER AND KIMBERLY LACANNE v. DONALD MAC GREEN TRUSTEE OF THE DONALD AND BETTY LOU IRREVOCABLE TRUST AND INDEPENDENT EXECUTOR OF THE ESTATE OF BETTY LOU GREEN AND FORTIS MINERALS II LLC (2023)

CONCURRING OPINION

I would construe the 1952 NPRI deed and the 1952 guardian deed together under Rieder v. Woods, 603 S.W.3d 86, 94 (Tex. 2020); Fort Worth Indep. Sch. Dist. v. City of Fort Worth, 22 S.W.3d 831, 840 (Tex. 2000); Jones v. Kelley, 614 S.W.2d 95, 98 (Tex. 1981); and Veal v. Thomason, 159 S.W.2d 472, 475 (Tex. 1942). Because I would construe the two deeds together, I would not conclude that the 1952 NPRI deed has a “Duhig Problem.” See Duhig v. Peavy-Moore Lumber Co., 144 S.W.2d 878 (Tex. 1940).

However, I agree with the majority that, under Trial v. Dragon, 593 S.W.3d 313 (Tex. 2019), Duhig's remedy is not available here. Under the circumstances presented in this case, the trial court erred by invalidating the 33.25/278.5 NPRI reservation under Duhig and Dragon. See Duhig, 144 S.W.2d at 879–880; Dragon, 593 S.W.3d at 319. Accordingly, I concur with the majority that the final judgment of the trial court should be reversed and remanded.

W. BRUCE WILLIAMS JUSTICE