HomeMy WebLinkAbout908784AFFIDAVIT FOR DISTRIBUTION
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
states:
SIDELLA C. METCALF, the undersigned, being first duly sworn upon oath deposes and
1. I anq the surviving spouse of Donald J. Metcalfand the surviving Co-Trustee of the
Donald J. MetcalfRevocable Trust dated November 1, 1996, as amended in its entirety on December
10, ,99,.
2.
Wyoming.
3.
Donald J. Metcalf died on August 5, 2002, a resident of Etna, Lincoln County,
A certified copy of his death certificate is attached to this Affidavit.
The value of the entire estate, wherever located, of Donald J. Metcalfdoes not exceed
one hundred fifty thousand dollars ($150,000.00) dollars.
4. More than thirty (30) days have elapsed since the death of Donald J. Metcalf.
5. The Last Will and Testament of Donald J. Metcalfhas been filed as required by law
with the Clerk of the District Court, Seermd-Judicial District, A4kam¢/.County, Wyoming. A copy
of said Will is attached hereto.
6. No application for the appointment of a personal representative is pending in the
estate of Donald J. Metcalf, and no such application has been granted in any jurisdiction.
7. Under the provisions of the Will of Donald J. Metcalf and the laws of the State of
Wyoming, the Trustee of the Donald J. MetcalfRevocable Trust dated March 11, 1996, as amended,
is entitled to distribution of all assets of his estate and there is no other person having a right to
succeed to any of the assets under probate proceedings.
8. This Affidavit for Distribution is made pursuant to the provisions of Chapter 1,
Article 2 of the Wyoming Probate Code (Wyoming Statutes § 2-1-201) for the purpose of securing
distribution to me, as Trustee, of the property of Donald J.
proceedings.
Dated this ,~-ff' zz¢
- day of
RECEIVED 5/31/2005 at 11:0t AM
RECEIVING # 908784
BOOK: 586 PAGE: 544
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MetcalPs estate without probate
~"3~ ,2005.
SideJla C. Metcalf
Affidavit for Distribution, Donald J. Metcalf
Page l of 2
STATE OF UTAH
COUNTY OF SALT LAKE
0054 5
The above and foregoing Affidavit for Distribution was subscribed and sworn to before me
by Sidella C. Metcalfthis 2-~ day of ~4~.g.n~t_, ,2005.
Witness my hand and official seal.
My Commission Expires:
Affidavit for Distribt~tion, Donald J. Metcalf
Page 2 of 2
LOCAL FILE NUMBER 18 -- 3602
Dona I d J.
.c 23, 1922
t Lake
739 South 600 East
~iY~, 84102
'i John L. Metcalf
della Metcalf (.Wife
STATE OF UTAH - DEPARTMENT OF HEALTH
CERTIFICATE OF DEATH
MIDOLE LAST STATE F~LE NUMBER
~ETCALF
~220
79 Rexburg, Idaho 528-20-4203
7.0therfspecHy) Univers ty Hospital
Salt Lake Sidella Clinger
[] 4 Divorc.d Retired Col.
U.S. Army
Salt Lake City Salt Lake
] l:Mexican [] 2. Cuban sic. (BPOClCy)
~ 3. Puar~oRican [] 4. Omer(Spec~) White
739 South 600 East
16+
Salt Lake City, Utah 84102
Utah
]3. Other
~[ Cremmion[] S. R.moval
7,2002 I.P.s. Crematory
SLC, Utah
48708 Professional Servi,
~da,m~.~orteU~o~E? ~555 So.URedwood Road
A~g us t ~ 05,2002
c^sENo ~___=~o OA~__~R__ Salt Lake CiDY.8~123Utah
I. CERTIFYING PNYS ClAN TO the best of my knowledge oealrl occurred al Ihs uae oats
CAUSE IF/nmi
:ondiNon resulting
I!st COnditions
~ mat
07, 2002
~!ST ONLY ONE CAUSE ON EACH LINE
]5 NON USER PERFORMEO?
El6 UNKNOWN
~FUSER J~] ryes []ZNo
FINDINGS AVAILABLE
PRIOR TO COMPLETION
OF CAUSE OF DEATH?
Pending
copy of the certificate on file in this office. This certified copy is issued
26~2~22 of the Utah Code Annotated, 1953 As Amended.
7,?. 2002
Barry E. Nangle
D RECTOR OF VITAL RECORDS
IIIit IIIII
LAST WILL AND
OF
00547
TESTAMENT
DONALD J. METCALF
I, DONALD J. METCALF, of Etna, Lincoln County, Wyoming, being over the age of
eighteen years, being of sound and disposing mind and memory, and not acting under any menace,
fraud, duress, or undue influence or compulsion whatsoever, do hereby make, publish, and declare
this my Last Will and Testament, and I hereby revoke any and all other Wills and Codicils heretofore
made by me.
FIRST: I intend to leave a written statement or list in which I will indicate the distribution
of certain items of my personal property. I refer my Personal Representative to this list to dispose
of items of tangible personal property not otherwise specifically disposed of by the Will, other than
money, evidences of indebtedness, documents of title, securities, and property used in trade or
business. This list will be dated, will be in my handwriting or signed by me, and will include a
description of the items and recipients with reasonable ce~ainty. This list may be prepared before
or after execution of my Will and may be altered by me after its preparation. I will sign and date any.
alteration. All specific gifts of property made under this paragraph shall pass free of all
administration expenses and debts, including death taxe To the extent 'f gifts made under this
DONALD J. METCALF
0:90 ? 4 ,. 0 0 5 4 8
paragraph, I hereby waive apportionment of death taxes as provided by Wyoming Statutes § 2-10-
103 (1977, as amended). If for any reason no such list is in existence at my death or such list fails
to dispose effectively of all itemized property, then ! direct that such property be disposed of as a part
of my residuary estate.
SECOND: I do hereby give, devise, and bequeath, absolutely and forever all of my property
whether real, personal, or mixed, and of every kind and nature whatsoever, wherever situate, whether
presently owned by me, hereafter acquired, or to which I may be or become entitled hereafter, and
including but not limited to that over which I have a power of disposition, forever and in fee simple
to the Trustee of The Donald J. Metcalf Revocable Trust dated November 1, 1996, to be held,
administered and distributed by such Trustee in accordance with such provisions of the Trust as they
may be amended or modified at any time before or after the date of this Will.
THIRD: In the event for any reason the bequest and devise to the Trustee under Paragraph
Second is ineffective and invalid, then I do hereby give, devise, and bequeath, absolutely and forever
all of my property whether real, personal, or mixed, and of every kind and nature whatsoever,
wherever situate, whether presently owned by me, hereafter acquired, or to which I may be or
become entitled hereafter, and including but not limited to that over which I have a power of
disposition, forever and in fee simple to Sidella C. Metcalf, as Trustee, to be held, administered and
distributed by such Trustee in accordance with the provisions of The Donald J. Metcalf Revocable
Trust dated November 1, 1996, which was executed prior to the execution of this Will, which Trust
Agreement is hereby incorporated by reference and made a part hereof the same as it'the entire Trust
DONALD J. METCALF
- 005 !9
Agreement were set forth herein. If for any reason Sidella C. Metcalfis unable or unwilling to serve,
then I hereby appoint Tracy Sidella Nicholas as successor Trustee of this Trust. If for any reason
Tracy Sidella Nicholas is unable or unwilling to serve, then I hereby appoint John Wardell Metcalf
as successor Trustee of this Trust.
FOURTH: I hereby appoint my wife, Sidella C. Metcalf, to serve as my Personal
Representative. In the event she does not serve, I appoint my daughter, Tracy Sidella Nicholas, as
my alternate Personal Representative. In the event she does not serve, I appoint my son, John
Wardell Metcalf, as my alternate Personal Representative. The Personal Representatives shall serve
without bond.
FIFTH: I give my Personal Representative the power and authority to sell at public or private
sale, for cash or credit, with or without security, or to mortgage, lease, dispose of, and distribute in
kind, all property, real and personal, at such time and upon such terms and conditions as he or as she
may deem advisable. No purchaser shall be bound to see to the application of funds. I further
authorize my Personal Representative, in his or her sole discretion, to settle any and all claims which
may be pending or brought against me or my estate and to adjust and compromise any estate or
inheritance taxes levied or assessed upon any devise or bequest.
IN WITNESS WHEREOF, I, Donald J. Metcalf, the Testator, sign my name to this
instrument, which consists of this and four (4) other typewritten pages, each of which bears my
signature at the bottom of the page, and being first duly sworn, do hereby declare to the undersigned
authority and witnesses that I sign and execute this instrume~jt as my Last Will and Testament and
DONALD J. METCALF
gcc
0 O878 . 0055 0
that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein
expressed, and that I am an adult person, of sound mind, and under no constraint or undue influence
this /~J~aY ~°f N°vember' 1996' ~~~ Donald J. Metcalf
We, the undersigned witnesses, being first duly sworn, do hereby declare to the undersigned
authority that the above instrument, consisting of five (5) pages, including the page on which we,
the undersigned, subscribe our names as witnesses, was at said date subscribed, sealed, published,
and declared by the Testator, Donald J. Metcalf, as his Last Will and Testament in our presence and
we, in his presence, and in the presence of each other, (the final sentence of the Will beginning with
the words "In Witness" having been read aloud to us by the Testator immediately before he signed
the Will, and the attestation clause having been read aloud in his and our presence) all of us,
including the Testator, being present together through the execution and attestation of the Will. We
sign our names to this instrument as witnesses to the Testator's signature and do hereby declare to
the undersigned authority that the Testator signed and executed this instrument willingly and as his
free and voluntary act for the purposes therein expressed, and to the best of our knowledge the
Testator is an adult person, of sound mind, and under no constraint or undue influence.
DONALD J. METCALF
4
00551
STATE OF UTAH )
)
COUNTY OF SALT LAKE )
SS.
Subscribed, sworn to and acknowledged before me by Donald J. Metcalf, the Testator, and
subscribe, d and sworn to before ~/-~z; by ]4~c~ [--i~, Ck;lea ,
~a4r,'c~o. C. ~)~,'4..__ and )~/~f'~ Fe~. /'/~., the Witnesses, this
day of /~'~ ve_~ 4e_~.._ ,1996{
Witness my hand and official seal.
My Commission Expires:
MARILYI'J! JONESj
10 Exchange p;. Sle
Salt LakeCll¥,l[tah ~41'11
My Commission Exph'es
Seplomber 25, 1998[
STATE OF UTAlt J
DONALD J. METCALF
5