The court gave the parties the opportunity to obtain experts to determine if Marcellus Shale constituted such a mineral that the gas in it fell within the deed's reservation. Order sustaining preliminary objections in the nature of a demurrer was reversed.
Butler v. Charles Powers Estate, PICS Case No. 11-4055 (Pa. Super. Sept. 7, 2011) Gantman, J. (15 pages).
The Legal Intelligencer
September 20, 2011