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Probate Court No. 1 in Bexar County, Texas. The business office
for the estate is located in San Antonio, Texas. Petitioners
Russell E. Ballantyne (Russell) and Clarice Ballantyne (Clarice)
resided in Westhope, North Dakota, at the time they filed their
petition.
Melvin Ballantyne and Russell Ballantyne were brothers. In
1943, they entered into an oral agreement whereby they formed a
general partnership known as Ballantyne Brothers Partnership
(BBP). Melvin and Russell were the only partners of BBP during
its existence, and a written partnership agreement was never
executed.
The partnership was involved in two separate and distinct
business operations. Russell primarily conducted a farming
activity in North Dakota. Russell’s sons, Orlyn and Gary,
assisted Russell in conducting the farming activity.4 Melvin
primarily conducted an oil and gas exploration and production
activity in Canada and various U.S. locations. Melvin employed
two of his sons, Stephen and Kab, to assist in conducting the oil
and gas activity.5 In general, Melvin and Russell allowed each
other to withdraw from the partnership the profits attributable
4Russell and Clarice also had a daughter, Carolyn Ballantyne
Backelsberg.
5Melvin and Jean had another son, Todd Ballantyne, who was
involved in the oil and gas activity up until the mid-1970s.
They also had two daughters, Jane Ballantyne Hegler and Sue
Ballantyne.
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