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knowledge and consent, the Lessee had, prior to her
death, maintained a substantial cattle and farming
operation and had, in addition, expended substantial
sums of his own funds, as well as his time and effort,
in erecting and maintaining permanent improvements on
the Property without compensation from Ms. Edwards, all
of which were intended to be used by the Lessee
indefinitely; and
WHEREAS, Ms. Edwards died on December 20, 1994, at
which time the Lease was in full force and effect, and
the Estate (in recognition of Ms. Edwards’ promise and
commitment) and the Lessee now wish to memorialize the
terms and conditions of the lifetime lease of the
Property by the Lessee; * * *
Similar language was included in the lease agreement (postdeath
lease) executed on the Cotulla Ranch by Edwards and Carson, as
coexecutors, after the death of decedent.
The terms of the postdeath lease on the Sinton Ranch
extended the existing lease for a period of 5 years, with
consecutive 5-year options to renew the lease at a fair market
rental value. The terms of the postdeath lease on the Sinton
Ranch also provided for: (1) Lease payments for ranchland in the
amount of 30 percent of the offspring of any cattle or other
livestock pastured on the property, (2) payments for use of
farmland in the amount of one-third of the grain and one-fourth
of the cotton and cottonseed produced therefrom, (3) payment in
kind, and (4) 25 percent of the gross hunting fees received by
the lessee from hunters.
The terms of the postdeath lease on the Cotulla Ranch
extended the existing lease for a period of 5 years, with
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Last modified: May 25, 2011