896 S.W.2d 795 (Tex. 1995)
In 1943, George Calvert, owner of a 1/32 mineral interest in a 32,808.5 acre tract of land, deeded a fifty acre, 1/656.17 interest to Capton M. Paul through a document titled "Mineral Deed."1
The deed's first paragraph granted an undivided fifty acre interest, being an undivided 1/656.17th interest in and to all of the oil, gas and other minerals in, under and that may be produced from the lands.2
The second paragraph stated that the conveyance is a royalty interest only and that the grantee shall never have any interest in delay or other rentals or revenues from leasing, nor control over leasing or development, which rights are reserved in the grantor.3
Fuller Trust, the successor-in-interest to the grantee, brought suit against Grantor Calvert's successors, including Chevron, to construe the deed as conveying a royalty interest.4 Both parties sought summary judgment on the ground that the deed is unambiguous.5 The trial court denied Fuller Trust's motion and granted Chevron's motion.6 The court of appeals affirmed the trial court's judgment at 871 S.W.2d 276.7 The Supreme Court of Texas then granted review under docket number 94-0377, with argument on December 13, 1994.8
Whether the 1943 mineral deed conveyed a royalty interest equal to the value of 1/656.17 of all oil and gas produced from the entire tract, or only a 1/656.17 portion of the royalty to be paid by the lessor?9
In construing a written instrument the lawful intent of the parties must be looked to and must govern.10 The four corners canon of construction means that the court must look at the entire instrument to ascertain the intent of the parties.11 A mineral estate consists of five interests: the right to develop, the right to lease, the right to receive bonus payments, the right to receive delay rentals, and the right to receive royalty payments.12 When an undivided mineral interest is conveyed, it is presumed that all attributes remain with the mineral interest unless a contrary intent is expressed.13
No. The first paragraph of the deed appears to grant a mineral estate by conveying an undivided 1/656.17th interest in the oil, gas and other minerals.14 The second paragraph, however, states that the conveyance is a royalty interest only and reserves in the grantor the rights to delay or other rentals, revenues from leasing, and control over leasing or development.15 This reservation would be redundant if the deed conveyed a fixed 1/656.17 royalty interest in all production.16 The deed is therefore construed as conveying a 1/656.17 mineral interest with the reservations described, granting only the royalty portion of that interest.17
The deed conveyed only a 1/656.17 portion of the royalty to be paid by the lessor rather than a royalty interest equal to 1/656.17 of all production from the tract.18