JOHNSON v. FITZMAURICE

No. 7994.

127 N.W.2d 497 (1964)

Orville A. JOHNSON et al., Plaintiffs and Respondents, v. Thomas C. FITZMAURICE, as Trustee under the Trust creating the Burke-Divide Holding Company, et al., Defendants, and Thomas C. Fitzmaurice, as Trustee under the Trust creating the Burke-Divide Holding Company, A. C. Matson, Cora Matson, G. L. Doughty, Hilda Doughty, H. O. Joraanstad and Loretta Joraanstad, Appellants.

Supreme Court of North Dakota.

April 2, 1964.


Attorney(s) appearing for the Case

Nilles, Oehlert & Nilles, Fargo, for appellants.

F. Leslie Forsgren and Wallace L. Herreid, Crosby, for respondents.


BURKE, Judge.

In this action plaintiffs sought to set aside a declaration of trust and certain conveyances of mineral interests made pursuant to such declaration upon the ground that both the declaration of trust and the conveyances suspend the absolute power of alienation for a longer period than is permitted by the statutes of this State. The trial court, following the decision of this Court in Carlson v. Tioga Holding Co., 72 N.W.2d 236

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases