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MARKGRAF v. WELKER

No. 20160449.

902 N.W.2d 492 (2017)

2017 ND 219

Kathleen MARKGRAF and Marilyn Shanahan, Plaintiffs and Appellees v. Connie WELKER, Vicki Ostrem, Defendants and Appellants and Margaret Rehmer, Robert Leroy Hannah, Jr., Robert Hannah, Cheryl Hannah, Donna Shilliam, William J. Hannah, Estate of William J. Hannah, Mary Hannah, Estate of Mary Hannah, Robert L. Hannah, Estate of Robert L. Hannah, Alan Hannah, Estate of Alan Hannah, Kathryn Hannah Nelson, Barbara Eggert, Estate of Barbara Eggert, Arnold Hannah, Estate of Arnold Hannah, Donald Hannah, Estate of Donald Hannah, Larry Erickson, Estate of Larry Erickson, and all other persons unknown claiming any estate interest in or lien or encumbrance upon the real property described in the Complaint, whether as heirs, legatees, personal representatives, devisees, creditors or otherwise, Defendants.

Supreme Court of North Dakota.

Filed September 7, 2017.

Attorney(s) appearing for the Case

Andrew D. Cook , West Fargo, ND, for plaintiffs and appellees.

Robert J. Pathroff (argued), Bismarck, ND, and David T. Hermanson (appeared), Fargo, ND, for defendants and appellants.

[¶ 1] Connie Welker and Vicki Ostrem appealed from a district court judgment deciding ownership of mineral interests in Mountrail County. Welker and Ostrem argue the court erred in finding that a resulting trust exists and that the trust was not repudiated. We conclude...

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