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LEE v. FRANK

Civ. No. 10035.

313 N.W.2d 733 (1981)

Irvin LEE as Trustee of the John O. Lee Family Mineral Trust, Plaintiff and Appellant, v. Mrs. Helen FRANK and Theodore Wee, Defendants and Appellees.

Supreme Court of North Dakota.

December 22, 1981.

Attorney(s) appearing for the Case

Pringle & Herigstad, Minot, for plaintiff and appellant; argued by Richard P. Olson, Minot.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendants and appellees; argued by Jane Fleck Romanov, Bismarck.

PEDERSON, Justice.

This appeal requires this court to determine what Theodore and Angela Wee meant when, on January 5, 1945, they signed a warranty deed which conveyed in fee simple an 80-acre parcel of land in Ward County to Matt J. Lee:

"... excepting and reserving, however, from these presents all ores and minerals beneath the surface of the above described premises, with the right to mine for and extract the...

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