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MAUCH v. BALLOU

No. 4060.

499 P.2d 591 (1972)

Mary MAUCH, Appellant (Plaintiff below), v. Joan BALLOU, and Joan Ballou, Executrix of the Estate of Rex D. Maurer, Appellees (Defendants below).

Supreme Court of Wyoming.

Rehearing Denied August 14, 1972.

Attorney(s) appearing for the Case

Bruce P. Badley, Sheridan, and Bert T. Ahlstrom, Jr., Laramie, for appellant.

Cecil K. Hughes, of Reynolds & Hughes, Sundance, for appellees.

Before McINTYRE, C.J., and PARKER and McEWAN, JJ.

McINTYRE, Chief Justice.

By quitclaim deed Rex D. Maurer conveyed all of his right, title and interest in certain described bentonite placer mining claims to his sister Mary Mauch. The deed contained this paragraph, the proper interpretation of which is the subject of the present appeal:

"Excepting and reserving however, unto the Grantor, Nine-tenths, (90%) of my proportionate share of all Mineral Royalties accruing to the benefit of my proportionate share...

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