if a deed in 1925 states "reserves one-sixteenth 1/16 of the oil and gas royalties" does it mean only 1/16 or if the use in 1925 of 1/16 was a short-hand way of meaning one half 1/2 of the mineral interest because the standard royalty rate was 1/8 what would it be 1/16th or 1/2 ?
Actually, without seeing the entirety of the instrument in question, nobody could give a definitive answer.
ALSO, my comments below are state specific to Texas.
Having said that, there is clear case law that says even if the reservation read, "1/2 of the usual 1/8 royalty" the reservation (or conveyance) was for 1/2 of whatever royalty was provided on the lease. In legal determination, the word "of" means multiply.
Based on the preceding paragraph, in your quote, examining nothing else, I would quickly move to the conclusion that the reservation was for 1/16 of whatever royalty was provided in the lease. If it were a 3/16 royalty lease, the reservation would be for 1/16 x 3/16, or 3/256, or a decimal interest of 0.01171875.
The difference is enough to sue over if it is a decent well, so be prepared for a litigation, depending on what side you are on.
Contemporary drafting would insist that if you wanted to reserve a royalty of 1/16, then you state something like this, "...reserves, as a non-participating royalty interest, 1/16 of all of the oil, gas and other minerals that might be produced from the lands described herein." That is clear language.
I would bet that the intention was to reserve a 1/16 non-participating royalty interest. However, most states do not consider what you meant to say when you write a document, it relies on what you wrote down and signed. If there is a case of mutual mistake, that is one thing. Documents in antiquity, such as yours from 90 years ago, are strictly construed, after looking at the 4 corners of the document.
Any other title guys want to weigh in on this?
Best,
Buddy Cotten
Buddy,
An astute legal interpretation of the case law. I came across the situation several times in managing mineral rights for he Rock Island Railroad across Texas and Oklahoma from acquisition made in 1890's. From a practical point of view, if a lessee really wanted a lease, we would clarify it in the lease agreement. For a deed granted in 1925, there is a chance that there has been prior leasing or even better, production that would have solved the problem through division orders. If so, there is no reason to reinvent that squeaky wheel.
From her Home Page it appears M. Swain's minerals are in West Virginia.