Large v. T. Mayfield, Inc. , 646 S.W.2d 292 ( 1983 )

RALEIGH BROWN, Justice,

dissenting.

I respectfully dissent. The deed fails to contain a clear express reservation or exception in favor of the grantors. The parenthetical phrase, “(The Mineral Rights thereunder being reserved and now owned in undivided parts by all the heirs of Lula J. Denton, Deceased),” could reasonably refer to the outstanding royalty interest and be included in the deed as an exception to protect the grantors on their warranty. Since the language is doubtful or uncertain, the deed should be construed to confer upon the grantee the greatest estate that the terms of the instrument will permit. Lott v. Lott, 370 S.W.2d 463 (Tex.1963). The deed did not contain the words surface “only.” I would hold that the executive rights were conveyed to the Veterans’ Land Board; consequently, the oil and gas lease executed by Glen Dell and Carol Large to Roy D. Day, Jr., is the valid and superior lease.