BEN____Can you win appeal to the Duhig rule If you can prove intent of parties involved in the sell of property and mineral reservation and conveyance?                                                                                      Example of real case in question---Original Seller Grantor RS has 100% title to surface and minerals as far back as records go. RS sell property to IW with reservation--"There is also excepted and reserved herefrom an undivided one-half interest in and to all of the oil,gas and other minerals, together with the right of ingress and egress and the usual and necessary rights incident to the full enjoyment of the same"        IW now has title to all the surface and 50% of the minerals ----few years later IW (now the Grantor) sell property to CF with intent understanding they would spilt the minerals--- in warrent deed with vendor's lien  it states "There is also excepted and reserved herefrom an undivided one-half interest in and to all of the oil, gas and other minerals, together with the right of ingress and egress and the usual and necessary rights incident to the full enjoyment of the same"  Being the same land described in deed from RS to IW as recorded-----------Rusk County, Texas  "It is hereby stipulated that Grantors (IW) are conveying an undivided one-half interest in and to all of the oil, gas and other minerals in and under the above described lands"(to CF--Grantee) --------- later years CF heirs (CF desc) sell surface of land to (EW)and desire to reserve all minerals------- In their Warrenty and Vendor's Lein they descript history and list------ Reservations from and Exceptions to Conveyance and Warrent----(1) minerals reservation as set out in deed from RS to IW  (2) Minerals reservation as set out in Deed from IW to CF (3) Grantor { which is same as CF} further reserve for themselves title all oil, gas, and others minerals which maybe produced and saved from the above described tracts or parcels of land  (4) This conveyance is further made subject TO ANY AND ALL PREVIOUS RESERVATIONS APPEARING OF RECORD.     NO ACTIVITY FOR 50 Years on mierals so family member nothing to appeal or question about---- go forward to present time leasing activity appears-- the heirs of CF lease property. The heirs of IW no knowledge untill a landsman call about leasing since landman found minerals deed from estate of IW transferring mineral out of the estate to indivual heir and heirs of IW look at lease offer but then landsman said after research and running title the deeds are ambiguous and "Duhig Rule" cuts IW heirs out. There are two living that can remember intent of IW grantor to grantee CF on sell. Unless CF heirs honor intent does IW heirs have cause of action to set Duhig aside if intent trumps Duhig if IW can prove in deposition what the intent was between parties. The person that would be deposed is daughter of CF. Heirs that receive minerals are the grandchildren who were yet to be born when property was sold???????? Also the warrent deed CF heirs sell BEN THANKS IN ADVANCE FOR YOU REVIEW---The question is does IW heirs have any claim to their intended minerals from their parent or does Duhig result in estoppeal