to another, usually his assignor. Such contracts are most frequently found as a reservation in an assignment of a lease. The provision creates in the owner of such royalty an interest in the lease. Edward v. Prince, 221 Mont. 272, 276, 719 P.2d 422, 424 (1986). Because it is carved out of the lessee’s interest, it cannot be of greater duration than the lease. Edward, 221 Mont. at 276, 719 P.2d at 424 (citing Eugene O. Kuntz, The Law of Oil and Gas, vol. 5, § 63.2 (Anderson Pub. Co. 1991)). We conclude that an overriding royalty applies only to the lease out of which it was created. See Kuntz, The Law of Oil and Gas at § 63.2. This comports with our general rules governing a grantor’s reservation of an interest. City of Missoula v. Mix, 123 Mont. 365, 369, 214 P.2d 212, 214 (1950) (<HOLDING>); 26A C.J.S. Deeds §279 (2001) (stating “[a]
holding that a legal malpractice claim arising from errors by an attorney in rendering estateplanning services is properly brought by the personal representative of the estate when excess estate taxes are paid by the estate in contravention of the decedents intended estate plan holding that the defendant who owned the premises could discharge its duty by either warning the plaintiff or making the premises reasonably safe holding that a retained equity interest is property even if it has no market value holding the trial court properly granted summary judgment in favor of the premises owner when the evidence showed no one had been injured by the condition in question and the premises owner had received no complaints about the condition in question during a tenyear period holding that a reservation is some right interest or estate retained by the grantor in the granted premises