Document 1951-5800 in Midland County TX assigned an overriding royalty interest of 5% of 25% of the production to a distant relative of whom I am an heir. A review of the Railroad Commission site shows recent and planned activity in the parcel. A search has shown no conveyances by the assignee (relative) subsequent to the assignment.
In order to get on the pay list with the operator, am I legally required to provide any documentation other than a certified copy if the above document and the appropriate wills and death certificates proving I am an heir?
An overriding royalty only lasts as long as the lease from which it was carved out. If the 1951 lease has been in effect this whole time, then you would be entitled to payment. However, if he original lease expired due to non-production, the override will have expired along with it.
You should file an Affidavit of Heirship just in case. If that’s on record at the courthouse that’s all you should need.
Some over-riding royalty interests will apply to new leases and some expire when the current lease expires. You will need to see the document that created the ORR to know which yours is.
I presume you are referring to document 1951-441 where Weiner transferred ownership to Hurt with no expiration dates mentioned. Document 1951-5800 documents the assignment of the retained ORR to various parties, including my ancestor. Interestingly, document 1951-14290 shows Hurt transferring the ownership back to Weiner. I wish I knew enough about this industry to understand the back and forth transfers. Once part of the ORR was transferred to my ancestor, there is no record of her transferring her interest before her death.
1951-441.pdf (197.1 KB)
1951-5800 certified.pdf (422.8 KB)
The Ted Weiner group or what ever they are called now still exist. I also have 100’s of docs in our mineral chain from the 1950s with ORRI’s that were transfered from the same as you. We are still receiving monthly payments from those. I would start looking in the Midland county records somewhere around Vol 131, pg160. You may have to go backwards from there but at least it is a starting point. Best thing I can tell you is to find a good land man in Texas and have him do a full mineral chain on your possible holdings. Use the menu at the top to either contact a Texas attorney who can then find you a good land man or someone else in Texas you trust. You do not have to have someone in that county to do this,only they need to be in Texas. I have used Eric Camp and Wade Caldwell, either can find a land man for you. MK
