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MARTIN v. MARTIN

Civil No. 970008.

568 N.W.2d 280 (1997)

1997 ND 157

Neal L. MARTIN, Plaintiff and Appellant, v. Carson MARTIN, Defendant and Appellee.

Supreme Court of North Dakota.

August 11, 1997.

Attorney(s) appearing for the Case

Neil W. Fleming of Fleming, DuBois & Trenbeath (Cavalier branch), Cavalier, for defendant and appellee.

Alice R. Senechal of Robert Vogel Law Office, PC, Grand Forks, for plaintiff and appellant.

SANDSTROM, Justice.

[¶ 1] Neal Martin, son of Ray Martin, deceased, appeals from summary judgment directing the personal representative of Ray Martin's estate to lease certain property to Carson Martin. We are asked to decide whether the will requires Neal Martin to lease the property to Carson Martin. We conclude the language of the will requiring Neal Martin to lease the property to Carson Martin is mandatory, not precatory, and Carson Martin is legally entitled...

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