• Tex. App. Dist. 2
  • Bob Mccoy Justice
The plaintiff/appellant, the holder of a non-participating royalty interest in approximately 1,800 acres, sued several parties based on the allegation that the executive rights holder breached its duty to her. The level of duty owed by the executive rights holder depends on the amount of control placed in his or her hands by the terms of the NPRI reservation itself; i.e., whether a fraction of royalty or a fractional royalty is reserved. The judgment of the trial court is affirmed in part and reversed in part. Fort Worth Court of Appeals, No. 02-10-00369-CV, 02-14-2013.