NORBECK v. CRAWFORD

No. 92-113.

836 P.2d 1231 (1992)

Jane S. NORBECK, Trustee of the Jane Norbeck Trust dated November 20, 1963, Plaintiff, Respondent and Cross-Appellant, v. Mrs. M.H. CRAWFORD and Mr. M.H. Crawford, her husband, if any, and other heirs, devisees, legatees, creditors, administrators, executors, and assigns of any of said defendants, if they be deceased; and any and all persons known or unknown, claiming or who might claim any right, title, estate or interest in or lien or encumbrance upon the real property situated in the County of Fallon, State of Montana, described as 25% of the net proceeds derived from the production as reserved by George Norbeck in operating agreement with Fidelity Gas Company included in and a part of U.S. Oil and Gas Lease prospecting permit, Billings Serial #021056 as to NE1/4, Section 12, Twp. 8N, Rge 59E of M.P.M., Fallon County, Montana or any thereof adverse to Plaintiff's title whether such claim be present or contingent including any claim or possible claim of dower, inchoate or accrued, Defendants, Appellants, and Cross-Respondents.

Supreme Court of Montana.

Decided August 25, 1992.


Attorney(s) appearing for the Case

Charles J. Peterson, Mackoff, Kellogg, Kirby & Kloster, Beach, N.D. for appellant.

Chris Mangen, Jr., Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for respondent.


McDONOUGH, Justice.

Mrs. M.H. Crawford, et al., appeals from a judgment of the Sixteenth Judicial District Court, Fallon County. We affirm.

The sole issue on appeal is:

Whether the District Court erred in granting the disputed 25 percent interest in a federal oil and gas lease to Jane S. Norbeck, Trustee of the Jane Norbeck Trust, subject however to 39/40ths of such 25 percent interest being vested in Mrs. M.H. Crawford, et al., upon approval of the...

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