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Home My WebLink About912825 ¡~r:r~]:::r.~§¡::~ ·'·.,:';:~Mf~:!:'::~:' RECEIVED 10/14/2005 at 4:38 PM RECEIVING # 912825 BOOK: 601 PAGE: 348 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WILLIAMS & CASTLETON Dall in J. Phillips Attorney at Law 24 North State P.O. Box 191 Preston, Idaho 83263 Telephone: 208-852-2680 $ CQ0348 ~! in ;:,~ ¡i",11 it;! Cdl,,1 ,,( !',, ~idh JL,dki,,1 U;·.hlcl :>/ 1ti(;:,íG,& of Idohc" in ~nd (':If r-r,I/"~¡n C':IImty, ,< I ,~, ..n....I.I.~. " ...... ¡J,m, Iii::;; IML (J< f:0rF. '«~I, i,~ .......'.,.. '., ..... itJ~ uty IN THE DISTRICT COURT OF THE<XTH JUDICIÞ.L DISTRICT OF THE STATE OF IDAHO, IN AND ro~ THE COUNTY OF FRANKLIN IN THE MATTER O~ THE ESTATE OF CASE NO. 4334 DECREE VESTING ESTATE IN SURVIVING SPOUSE CHARLES LeROY WHITNEY, Deceased. --.--.----------.---..-------.-----...------, THE PETITION of THELMA PEARL WHITNEY for a Decree vesting an estate in her. as a surviving spouse having come before the Court for hearing, and the Court having heard the evidence and being fully advised in the premises, the Court makes the following findings: I CHARLES LeROY WHITNEY died on the 28th day of October, 19,G, at Montpelier, Rear Lake County, Idaho. At the time of his death, said decedent was domiciled in Bear Lake Eounty, Idaho. I I The dec£dent died testate leaving a Will executed on the 29th day of August, 1977, "rd ;¡lSO a First Codicil to the 11ill executed on the 2nd day of November, 1979. The vlill and First Codicil \vas validly executd and is attached hereto as Exhibit "C", I I I The de c p den t vi a c ~ u r v ¡lie d by the h ei r s n am e din E x h i b í t "A" i! t t a c h e d h e (' e t. and i n cor p 0 rat ~ d herein by reference thereto. 1 V The d e c e den t, crU\ R L E 5 L r ROY vi H I HI r: Y, an" the petitioner, THF:I.HA PEARL \.JHITNEY, i~rm,Jn'i"rI 'In 111<' 1st day o fOe c e III b e r, 1 9 2 5, a t t 1 1(' n s b e r' <J, ,: iLL ita c, C' , " ," : y, I;i ,:, ~ hi 1Hi tOil , and eve r s í n c '" t. hat rI n t. F' lJ n t í I t. h r rI ,It. P l1 F Ii ,. 1< " Ii " n t I " rI (' iJ t h . \'/01'" hll~h,ll1r1 ,<lilrl \\'if,'. / ._:"- :;~¡~~!}¡~¡~i~fuf¡~'¡~ ..) t~;j;;;W - ... O~l}12825 C00349 The decedent left an estat,:, as described in r e ~ it ion e r 's Pet i t ion, con s i s tin 9 S I) Ie) y 0 f c Ofl1m u nit. y pro per t y (if the decedent and his surviving spouse, THELMA I' :\RL vJHITNEY, ilnd that 1S the surviving s¡)OUSC of ttH, decedent, iJC netitioner is entitled to the Decree of tllis Court declaring and establishing that all of said community property became fully vested on the 28th day of October, 1980, in the petitioner as the sole heir of tJ¡¡Ç'decedent. V I All notices have been given as required by law. VII No inheritance tax is due and paY<lble to the State of Idaho. NOyl, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the petitioner, THELMA PEARL \4HITNEY, is the ut"Viving spouse of the said decedent, and that the following described real and personal property is now and hereby vestrd in, and quieted in, and distrIbuted, to THELMA PEARL WHITNEY as of the 28th day of October, 1980, free and clear of all right, title, estate, claim or demand of any person or persons claiming or at t e ~il p tin g toe 1 aim < n de r the s aid C H A R L E S L e ROY \4 H iT N E Y , deceased, as heir or otherwise, except as a proper creditor. The real and personal property so GecrCI=d and d i s t rib ute d i s mo r e par tic u I a r I y des c rib e din Ex h i bit "B" attached hereto. IT IS FURTHER ORDlREn, AD,JUDGED AND DECP::EIl, that any other community property not now knO\1n or discO'll; belong to said decedent or said estate and the Pi in wh'ch the said dec(;dent. and petitioner Inay ha.< be, and the same hereuy is distributed and ve~tel' PEARL WHITNEY absolutely. ~ DATED this /d.. day of March, 19ß2. 1 r ~&~L //L' /..-;/"., Judge ", Dated 0312825 EXHIBIT "A" Ü07J:J SO NAME RELATIONSHIP ADDRESS THELMA PEARL WHITNEY Wife Route 1 Montpelier, ID 83254 ZELLA W. PRICE Son Route 1 Montpelier, ID 83254 ELVIN D. WHITNEY Son 763 Carmel ita Salinas, CA 93907 JOYCE WHITNEY Daughter 337 West 3200 South Bountiful, UT 84010 l~illi~;]}} l~<C' 11 <r;'Ø25 EX H I BIT II B II u.:::::J ~¡1.,.¡ a CQ0351 Community Property Checking Account - First Security Bank. . . . . . $ 2,083.93 First Security Bank of Idaho Certificate #852852 . . . . . Stock Certificate #10783 from Gray Goose Airways, Inc. Insurance Investment Corporation Stock Certificate #1068 . . . Insurance Investment Corporation Stock Certificate #4759 . . . Insurance Investment Corporation Stock Certificate #6906 . 1979 Ford Granada . . . . . Furniture and Personal Effects . . . . . . . . . . 900.00 . . .. .. .. No Value Ascertained .. .. .. .. .. .. .. .. II .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. TOTAL COMMUNITY PROPERTY Decedent's one-half (1/2) share in Community Property . . . . ~¡~~~~1~~m~u . . . 62.50 18.75 312.50 3,000.00 1,000.00 $ 7,377.68 $ 3,688.84 " ;-;' .<~ «'< ¡,~: :~~~mm~;;t¡~;l: :~ -:;::'::::": '. .<:;:::'.i EXHIBIT IICII ~).« ~ '-j>f;,:¡2c- ~.J ~ LL,Ã:.i à .:J. I: Ii :1 ,i I. " II I, CHARLES LEROY WHITNEY a resident of Bear Lake County of the I; State of Idaho, being of sound and disposing mind and memory, and free from all Ii menace, fraud, duress, undue influence or restraint whatsoever, do hereby ¡i make, publish and declare this to be my Last Will and Testament, in the manner Ii and form following: I: FIRST: Prior Wills. I hereby expressly revoke all prior Wills or I Codicils heretofore made by me. SECOND: Marriage and Family. I declare that I am married to THELMA PEARL WHITNEY and we have three (3) adult children, namely: ELVIN DALE WHITNEY ZELLA ZANE WHITNEY PRICE JOYCE WHITNEY LAST WILL AND TESTAMENT OF CHARLES LEROY WHITNEY C00352 THIRD: Appointment of Fiduciaries. I appoint THELMA PEARL WHITNEY , to be Personal Representative of my Will, to serve without bond. In the event she is unable or unwilling to serve as Personal Representative, then I appoint JOYCE WHITNEY to be Personal Representative of my Will, to serve without bond. FOURTH: Debts, Taxes and Estate Expenses. I order and direct that all my just debts, all taxes at or because of my death. all expenses of my last illness and burial, and all costs and expenses in connection with the probate and distribution of my estate be paid as soon after my death as conveniently can be done. I hereby empower my Personal Representative to settle and discharge any claim made in favor of or against my estate in the absolute discretion of my Personal Representative. FIFTH: Gifts in the Event my Spouse Survives Me. All the rest, residue and remainder of my property, real, personal, and mixed, wheresoever situate, now known or hereafter discovered, I give, devise and bequeath to my spouse. SIXTH: Gift to Children. In the event my spouse predeceases me, then in that event, all the rest, residue and remainder of my property, real, personal, and mixed, wheresoever situate. now known or hereafter discovered, I give t devise and bequeath in equal shares to my children. In the event any child may be deceased at my death, then in that event I give that child's share in equal shares to that child's issue. Page 1 - Last Will . Testament o~~ ';12 ~ Ii i'" tf \.,. < .,' { ~,«.." '. .ì¡!~!<~;~,;\ < . ~i¡i¡;'i'<' «< 11,.1. . I' I ¡ ,,~ '1 r"~." f·' i,}t~< <I~/' '. /~ï~~::i< .- II i I I il II ;! IN WITNESS WHEREOF. I, the said CHARLES LEROY WHITNEY, herewith !' set my hand to this, my Last Will and Testament. I have subscribed my name to :1 this page this ;1-/c( day of líu. tu €I..! , 1977. :¡ < . ./ r~..c:tfl ?825 O--.;.¿IÁ<J C00353 " <I I, ~ ';/ ~ --;." /CHARLES JiÆRO I~ /v;;:t :1 I I , ,< !i ;1 " 1< ~ i 'I !: On this·?t1.< day of ,'1u 1 ((to' / - I , 1977, CHARLES LEROY WHITNEY declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament and he requested us to act as witnesses to the same I and to his signature thereon. He thereupon signed said Will in our presence, and in the presence of each of us, and we now at his request and in his presence, Ii and in the presence of each other I do hereunto subscribe our names as witnesses. ,I and we, and each of us, declare that we believe this Testator to be of sound , I I mind and memory and free from all menace, fraud, duress and undue influence. I . I! ", . ::ç~~ " rt-·tl,({/~·<·.f/U. --:J.- '.¡ / I: :1 '/,' --þ¿/ <, () <) ¡'¡/: / I' 'I' ,-f.-': 'l~ (f -1 / J' ,.t) , t//( Á... /.p Ii Address ¡! ,~/ ¿;;;P&Ø( dM Address I -j ¡ :1 I, I: i: I: I' 'I L Ii i I: ! ;< !' ,I Page 2 - Last Will and Testament ~~~ '{" ~~ :¡ ~:!!m;::::m::¡~:;;::1 "'jl,.~.t;l,f"'I"".' .. .:!:Q.!.L!; !.!.~_, ;¡I~¡¡t~!~;i~¡1~1r¡~; :-,,<C/''Í 9' f,:)"Ju:::-= ~iI~~,,~a~,-, FIRST CODICIL TO WILL OF CHARLES LEROY WHITNEY f'Ot"ln5<4 \.,. Uv .. I, CHARLES LEROY WHITNEY, of Bear Lake County, Idaho, being of sound and disposing mind and memory, and not acting under duress, menace, fraud or undue influence of any person whomsoever, and being of legal age, do make, publish and declare this to be the First Codicil to my Will dated August 29, 1977. FIRST I revoke Paragraph SIXTH of my Will dated August 29, 1977, and substitute therefore the fallowing: SIXTH: Gifts to Children. In the event that the said THELMA PEARL WHITNEY predeceases me or that our deaths occur simultaneously or approximately so or in the same disaster or calamity or under circumstances causing doubt as to which of us survived the other or in the event that she does not survive me by five (5) days, I hereby give, devise and bequeath my estate unto my children as follows: a. It is my desire that upon the death of the survivor of THELMA PEARL WHITNEY and myself, that certain promissory note dated April 15, 1975, in the amount of $90,000.00, payable to THELMA PEARL WHITNEY and<myself from WHITNEY RANCHES, INC., be forgiven. Furthermore. the house in which we have lived is to be sold and the proceeds therefrom divided among our children in equal shares, provided, however, that WHITNEY RANCHES, INC., shall be given a right of first refusal with respect to the house. b. The rest, residue and remainder of my estate, be it real, personal or mixed, wherever situate, shall be divided among my children in equal shares, share and share alike. /', 1;«' '.' «¿ ., ,A-(. .~ '" .< ;., : . .....".. CHARLES j<{ / . '-/....:. ~.~, I' '. ", -';'y 1-'1 <t~":-t ~~ l '.. . ~/:.. ." LEROY WHITNEY, Testator <I 1/ ·"'.......t':./-..... ~~<.C)il ?8?i;. ......... '"--' ~~ ""'-J C00355 c. In the event any of the beneficiaries herein named in this Will should not be living at the time of my death,< I direct that the share of such pre-decèased beneficiary go to their children or heirs by right of representation. SECOND In all other respects I confirm and republish my Last Will and Testament dated August 29, 1977. IN WITNESS WHEREOF, Is CHARLES LEROY WHITNEY, the testator, sign my name to this instruments consisting of three .rA (3) type-written pages, this .~) day of 1\}(J\)'t~""¡¿.r, 1979, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my First Codicil to my Last Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expresseds and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. , 1 I.L \ ; <, " < J \. :r '.~~-:""''-(..'J C~ARLES LEROY WHIfNEY~~~estator (1-- < / ~_:<"\..... / L_ I "</_/< We, --_ . /' / « I é l' / / / ~~ r¡ .\~ '~Q Uol'~'r' . ( \\ ' 7"2'< ¿//.-/ ,-..+. J /"..¡1- ,< t' <' ';¿'-_~ <-0- , the witnesses, and sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument in our presence as his First Codicil to his Last Will and that he signs it willingly, and that he executes it as his free and vOluntary act for the purposes therein expressed, and that each of us, in the presence and hearing of the testator, hereby signs this Codicil t~ST CODICIL TO WILL PAGE TWO lliili¡tl~W~~!i):; . .«oJ.. < " ~~&!~~m~~*1m;i:' ':~"-/)i 2825 "-.,"----.I~ C00356 as witness to the testatoris signing, and that to the best of the knowledge of each witness the testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. f:..//'.. . ,< ." <' .< < , / Ã ./, ~¡fÇ~;;/.'¿;/. /¿. //;:/r.' r--.<v·t'r.< [.5,/ ..-:<1, /':/ ;;~¿/. L/.. :~ (',.",1'0// ...k.4!-k.<1 "f.3;:;¿3 .. 'l I . ,\ \ ,\ J ,: .. Witness . -, \). (\..\ ~ T, \\ n.'~·, -- 1\ L..\ .....),. \\ IÜ .¡;. .:+ , {I< . -1-. \ -1 t ~ ,:> Þo , L ,', " ,< '<:. \ (11 I ((\) f.:)) <1 STATE OF IDAHO ) ) ) County of Franklin Subscribed, sworn to and acknowledged before me by CHARLES LEROY WHITNEY, the testator, and subscribed ~ ..} -~ . ., .. j~ / l· ....- I '/ ¿.,. / sworn to before me by ~:./~ t'-';¡//F ;,;{.... -'~( ¡1 t I'~c,,- r'4C./ I " 1\ / .'\ < n,~ . \) l·1 t\ /'\1\';..',.; .' I,',~\,: ,witnesses, this l)~ --..~ and and day of NC',j'<",,\,.:r·, 1979. ~Ju~a~ :~ NOTÆRJ'PUBLIC for State of Idaho Residing at Preston, Idaho FIRST CODICIL TO WILL PAGE THREE ~;T;;~;¡~~~~i~ ¡-"""I¡','".". 'i !~~!I\~ ':'[:[¡!::¡¡:1¡:jj:~ . ~~i~~