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Preparing for his death, Jock Ewing divided his large family ranch, Southfork, into three separate, equally sized parcels A , to the West, C ,
Preparing for his death, Jock Ewing divided his large family ranch, Southfork, into three separate, equally
sized parcels A to the West, C to the East, and B in the middle. Parcel A contained the home and all
buildings, while parcels B and C were empty, undeveloped land. The deeds specify as follows:
Parcel A was given to Miss Ellie Jocks wife for her life, and then to their oldest son, JR and his heirs.
Parcel B was given to Jocks middle son, Gary, and his heirs, so long as the property is used for ranching
purposes; otherwise, JR and Bobby youngest son are the remainderman, to take the property as joint
tenants with the right of survivorship.
Parcel C was given to Jocks youngest son, Bobby, and his heirs.
Jock calls a family meeting, informs Miss Ellie, JR Bobby, and Gary of what he has done. He provides the
appropriate documents to everyone, and then immediately dies. Assume Jock was the sole owner of all
properties, owned all rights to the properties, and owned them fee simple absolute
Numerous events occur thereafter.
Miss Ellie, JR Bobby, and Gary all venture out onto their respective properties to examine what they
received. Bobby and Gary notice that their parcels cannot be accessed from any public roads, and that
the most direct and accessible route cuts through Parcel A Miss Ellie tells both Bobby and Gary that
they are permitted to cross through Parcel A to access Parcels B and C JR then says, Well when the
property becomes mine, youll have to find another way around.
Bobby, angered by what JR said, tells them, If that is how you want to play, then thats how well play.
Remember my point buck I got as a kid? The one I mounted to the wall in the living room? I want it
back. Youll have to tear down the entire wall to remove it He then proceeds to keep walking towards
his property.
As Gary and Bobby approach the edge of Parcel A Bobby notices something sparkling out of the corner
of their eye still within Parcel A He tells Gary and they both rush over to it but Gary gets to it first.
Gary holds it up and says Do you know what this is This is daddys solid gold Rolex that he lost all those
years ago. He gives it a wind, and the watch starts ticking. Just then, JR comes running over. He tells
them that Miss Ellie just fell over dead, and says Now get off my property. He then sees the watch and
says Thats Daddys watch! Where did you find it Gary points to where the watch was. JR then says
That was on my property. Its mine! Give it back.
Bobby says, Daddy gave this property to Mama. She said we could use it to access our lands. Plus, if she
died, as her sons, we all now own the Parcel. Ill have my lawyer call you and tell you as much. Gary
says, JR if you want this watch, youll have to sue me for it Bobby and Gary walk off of Parcel A onto
Parcel B
Two days later, while JR is reviewing some old maps Jock had left about the properties, he sees that
there are two oil reserves on the properties. One smaller reserve straddles Parcels A and B called
OR and the other, larger reserve is located entirely within Parcel B called OR JR quickly erects
two oil derricks on Parcel A One extracts oil from OR and the other, digging at an angle, extracts oil
from OR A week later, while Gary is tending to his cattle on Parcel B notices the oil derricks. He calls JR
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and demands to know what is going on JR tells him about the oil. Gary investigates, and finds that OR
only has of the oil left, while OR has about remaining. Gary calls JR again and tells him JR
you already took your half from OR The rest is mine, and you owe me for the extra you took. And
stop removing oil from OR immediately, its mine! JR laughs and says, Gary if thats what you think,
get yourself a lawyer. JR continues to remove oil from both OR and OR
Gary rushes to erect his own oil derricks, and beings pulling oil from OR and OR While admiring his
new derricks, Bobby and JR show up Bobby tells Gary, It looks like youre no longer using the property
for ranching. We are now coowners. Gary replies, No youre not. Im still using the property as a
ranch. Now get out of here. JR and Bobby walk away, claiming that their lawyers will be calling Garys
One week later, JR is shot by an unknown assassin and dies, and Bobby is hit by a car and dies. At the
funerals, JRs heirs and Bobbys heirs approach Gary, and tell him that they know about the oil under
Parcel B and that they, as heirs to JR and Bobby, want their cut.
Please identify the relevant legal issues in the story above, specify the applicable legal rules,
and provide an analysis of the rules to the facts. Please be sure to identify issues as they are
presented, regardless if they become moot by the end of the story.
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