The attorney representing our estate contacted me telling me that one of my relative states that he would not be signing any closing documents, because he is initiating an 'investigation'. I don't know what that means, but he has suspicions that his father/ Our father(s) were not paid money from prior oil leases. According the Attorney representing this estate, she states that the only oil lease she is aware of expired around 1940, and we have no records of anything since then. And that she thinks this is a fabrication in their minds, to tell me frankly, and they need to look at their own father's records for verification and keep in mind that the “statute of limitations” has run on any breach of contract claim! Regardless, whether or not money was not paid on an oil lease has nothing to do with the sale of this land, however, which needs to be concluded as soon as possible. In this economy, we are blessed to have sold it for $300,000.00, and any more delay over speculations may cause us to lose the sale. Is there any influence you may have over your cousin, or his mother, to perhaps get my cousin to cooperate with this sale?
If we cannot get this resolved, we may ask the court to partition the property in 25% shares, and just let your branch of the family fight it out. I can promise you, however, without having somebody pay those property taxes, that land will go back to the county, and the your side of the family will have nothing to show for this dispute.
The Disclosure Agreement Regarding Legal Fees and Legal Representation for Drafting Closing Documentation, states in part:
“Exceptions to Conveyance and Warranty:
1. Any claims as a result of the Following: (a) “ ” ” ” etc
2. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated February 24,1930, by and between Walter Steptoe, a widower, Israel Steptoe and wife, Edna Steptoe, Ella Brown and husband, Coke brown, Pinky Donaldson, a widow, and Sam H. Steptoe and wife Alice Steptoe, as Lesser, and Shell Petroleum Corporation, as Lessee, recorded in Volume 76, Page 535, Deed Records of Brazos County, Texas.
3. Any prior reservation of oil, gas and other minerals in, on or under the herein described property by Grantor’s predecessors in the title together with any leases pertaining to such interest.
Grantor for the consideration and subject to the reservations from the exceptions to conveyance and warranty contained herein, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold unto Grantee, Grantee’s heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor’s heirs, executors, administrator, successors, and assigns to warrant and forever defend all and singular the property unto Grantee and Grantee’s heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming to claim the same or any part thereof, except as to the reservations from the exceptions to the conveyance and warranty contained herein.
CAPITAL FARM CREDIT, FLCA, at the instance and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchased price of the herein described property as is evidenced by the hereinbefore described $240,000.00 Note, the Vendor’s Lien, together with the Superior Title to said property, is retained herein for the benefit of said CAPITAL FARM CREDIT, FLCA.”
MY QUESTION: Does the Law provide that there is a Statute of Limitations, run out, on any breach of contract claim on royalty claims for breach of contract that may exist from prior to 1940 for Oil and Gas in Texas? Thanks, Ed
MY QUESTION: Is there anything that I should be concerned with and should I inform family/beneficiaries to go forward signing closing documents to the sale of this property? Thanks, Ed