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AFFIDAVIT OF SURVIVORSHIP
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THE STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
MARGARET L. DIERKS, being first duly sworn upon her oath, deposes and states
as follows:
1. On or about the 9th day of May, 2001, my husband, DENVER H. DIERKS, died
as is evidenced by the official certificate of death attached hereto as "Exhibit A" and
incorporated herein by this reference.
2. At the time of his death he jointly owned an interest in certain real property
with me, said real property being located in the County of Lincoln, State of Wyoming,
and more particularly described as follows:
Lot Twenty-Nine (29) in Star Valley Ranch Plat Seven (7)
as platted and recorded in the Official Records of Lincoln
County, Wyoming.
1-2-
3. Said real property interest including buildings and personal property was
originally conveyed to DENVER H. DIERKS and MARGARET L. DIERKS, husband and
wife, as joint tenants as evidenced in the Warranty Deed dated the 2tth day of August,
1975, in the Office of the Lincoln County Clerk and Ex-Officio Register of Deeds in Book
120 of P.R., Page 475.
4. When the real property described herein was conveyed to DENVER H.
DIERKS and MARGARET L. KIERKS, as joint tentants, each of the "four unities of
interest, time, title, and possession" were present, with the added "unity of person" for a
tenancy by the entirety was met in that we were lawfully married. (Oatts v. Jorgenson
821 P.2d 108, 114 (Wyo.,1991) sets forth the requirements under Wyoming Law for joint
tenancy and/or tenancy by the entirety, Wyoming Statute 34-1-140 allows parties to
own property in joint tenancy and/or tenancy by entirety.)
5. On or about July 12, 2005, the Idaho District Court in and for the County of
Bonneville, issued a Decree Vesting Estate in Surviving Spouse Margaret L. Dierks. (See
Decree attached hereto as Exhibit "B").
6. By reason of my husband's death, I am entitled to sole ownership of the
interest in and to the above-mentioned real property under Wyoming Law.
DATED this tl9 day of September, 2005.
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MARGARET L. DIERKS
STATE OF IDAHO )
) SS,
COUNTY OF BONNEVILLE )
The foregoing instrument was acknowledged before me by IvIARGARET L.
DIERKS this --¡"'-?jtft day of September, 2005.
WITNESS my hand and official seal.
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Affidavit -- Page I of I
RECEIVED 10/12/2005 at 11:10 AM
RECEIVING # 912684
BOOK: 600 PAGE: 848
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, W'I
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