The issue is whether devise of a "double-fraction royalty" was a "fixed" fractional royalty or a "floating" fraction of royalty. In this case one line of descendants who took royalty interests bequeathed to three children in 1949 sued to declare the will split royalties equally among the three children (and, later, their descendants and successors) after other another in a line of descendants executed a lease with a royalty greater than 1/8th. The will provided an undivided one-third of an undivided 1/8th royalty to each child who got separate tracts but mineral rights in all. But did that mean sharing a one-third royalty equally or that those children – and their descendants – got a 1/24th royalty from production on the other tracts? Texas courts have been split on how such a bequest should be interpreted. In this case the trial court granted the Hysaw descendants summary judgment, ruling that the will devised to each of the three children a one-third royalty from all tracts. The court of appeals reversed, holding that descendants were entitled to a 1/24th share of production from the other two tracts.