Taking you all back to the bar exam with this oil & gas/real property question that recently came up at work, that has stumped us a bit.
Fact Pattern: Blackacre is coveyed to Alex, Bob, Carl, and Dan, as JTWROS. These four, along with their spouses, then convey Blackacre to Mark, excepting and reserving "unto the grantors all the oil and gas beneath Blackacre...." Thereafter, Alex dies.
Question: Who owns the oil and gas estate beneath Blackacre, and in what legal capacity?
Things to consider: There is a spousal exception to the "strangers to the chain of title exception" rule in Pennsylvania.