The issue in this appeal is whether two deeds that conveyed a one-third mineral interest also conveyed a four-ninths executive right incident to the mineral interest. The trial court found that only a one-third executive right passed under the deeds and the remaining undivided one-ninth executive right did not so pass. Executive rights not expressly reserved or excepted in a deed pass under the deed. The trial court's judgment is reversed and rendered. El Paso Court of Appeals, No. 08-11-00238-CV, 11-30-2012.