§ 38-10-12 — Appointment of trustee to execute mineral lease if contingent future interests are involved

North Dakota § 38-10-12

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-10: Sales and Leases by Personal Representatives

Text

interests are involved.
If lands, or any estate or interest therein, are subject to any contingent future interest, legal
or equitable, by way of remainder, reversion, or possibility of reverter, upon the happening of a
condition subsequent, or otherwise, created by deed, will, or otherwise, and whether a trust is
involved or not, and it is made to appear that it will be advantageous to the present and ultimate
owners of said lands or estate or interest therein, the district court of the county in which the
land or a portion thereof is situated has the power, pending the happening of any contingency
and the vesting of such future interest or interests, to declare a trust in said lands or estate or
interest therein, appoint a trustee therefor, and to authorize such trustee to sell, on such terms
and containing such conditions as the court may prescribe, execute and deliver a valid oil, gas,
coal, or other mineral lease covering said lands or estate or interest therein. If a trust is in
existence and there is a trustee serving under the trust, the trustee appointed by the court under
this section must be the same trustee or trustees as are serving under the existing trust. All
proceedings must substantially comply with that provided for the administration of trusts in
chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19.