HomeMy WebLinkAbout916186
'7i'
~~
~"""
!i
c:::o
..,-, U
.8Q;>..
~:E-a
-E-íõ
j:~t
~!tJ
08
.~ r;¡,.") ø
., ~ ÌJ'" f
1-" ,i ,~ t"
7 7.
j
,-../
\ C(
....,
v
~'"
'~i
,.","'.,
~
(ê""
:"..''''<;
~~;:'-
--~_.- -
RECEIVED 2/23/2006 at 12:52 PM
RECEIVING# 916186
BOOK: 612 PAGE: 866
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
IN THE DISTRICT COURT OF THE STATE OF WYOMING,
IN AND FOR THE COUNTY OF LINCOLN,
THIRD JUDICIAL DISTRICT
In The Matter Of The Estate Of:
John S. Metcalf,
Deceased.
CÝQ16j-' ).1 ð c-
Probate No.:
DECREE OF DETERMINATION OF
HEIRSHIP PURSUANT TO WS § 2-9-201
et seq.
THIS MATTER came before the Court on the Petition for Detennination of Heirship pursuant to
Wyo. Stat. § 2-9-201 et. seq., filed by Jonathan J. Wylie of the law firm Mullikin, Larson &
Swift LLC, on behalf of Stephen J. Metcalf, Petitioner. Based on the Petition of the Petitioner,
the pleadings and records in the Court's file, and the Court, being otherwise fully advised of the
premises herein, this Court hereby makes the following findings:
1) The above captioned action relates to the following described real property situate in the
County of Lincoln, State of Wyoming, hereinaft:erreferred to as the "Subject Property":
Tract (B) Beginning Point N 40°0' W, 2380' Point 4, fi-om S1I4 Comer Section
12, T33N, Rl19W, thence N 0°0' E, 140' to (8), N 89°30' E, 260' to (11), S
46°20' E, 69.71' to (13), S 54°30' W, 155' to (5), S 89°30' W, 188' to (4).
Together with all buildings and improvements located thereon or appurtenant
thereto, and all rights, privileges, hereditaments and tenements appertaining or
belonging thereto. Subject however to all easements, covenants and rights-of-way
of sight and/or of record.
2) The above-named decedent passed away on February 16, 1994. More than two (2) years
have elapsed since the death of the decedent.
3) The above-named deceased died seized of an interest in the Subject Property by virtue of
a warranty deed that was executed on or about the 1 ih day of August, 1993 by Robert D.
Valline to Edwin G. Sund and Barbara Sund, as Husband and Wife, and to John S.
Metcalf and Elizabeth Metcalf, as Husband and Wife. This warranty deed was recorded
in the Office of the Lincoln County Clerk, Lincoln County, Wyoming, as document
number 769777 in Book 333PR of Photo, Page 661.
4) The above-named decedent died intestate.
5) At the time of his death, the above-named decedent was a non-resident of the State of
Wyoming.
6) There has been no previous record judicial detennination of the decedent's heirs or the
right of descent of the interest in the Subject Property.
7) The above-named decedent died with five surviving children who are still alive: Stephen
J. Metcalf, Kathy Metcalf, Victoria Metcalf Wilde, Barbara M. Sund and Michael J.
Metcalf
8) Contemporaneously with the filing of its Petition the Petitioner caused publication of
Notice of the Petition to be made for four (4) consecutive weeks in a newspaper of
general circulation in Lincoln County, Wyoming, pursuant to the provisions of Wyo. Stat.
§ 2-9-202.
9) Upon completion of the four (4) weeks publication of notice, the Petitioner caused to be
filed with this Court an Mfidavit of Publication setting forth that the publication of notice
has been completed.
DECREE OF DETERMINATION OF HEIRSHIP PURSUANT TO WS § 2-9~201
~~g?::,;:::) of 2
;: :'i~:~~;;:!:I:~¡~:::
o 31JJ1.S6
@
;i:::ma
.~ 0867
10) Furthennore, co~temporaneously with the filing of the Petition the Petitioner caused a
true and correct copy of the Petition to be mailed to the Wyoming State Department of
Health, in accordance with the provisions of Wyo. Stat. § 2-9-202.
Therefore, based upon the foregoing, this Court hereby Orders, Adjudges and Decrees as
follows:
a. That the above-named decedent's interest in the Subject Property shall be distributed to
Stephen J. Metcalf, Kathy Metcalf, Victoria Metcalf Wilde, Barbara M. Sund and
Michael J. Metcalf
b. That a certified copy of this Decree of Determination of Heirship pursuant to Wyo. Stat.
§ 2-9-201 et seq. shall be recorded in the Office of the Lincoln County Clerk, Lincoln
County, Wyoming; and
c. The above captioned action shall be hereby closed.
Dated this ~ day of January, 2006.
.~.~
county and in thèState of foresaid, do
hereby certify the foregoing to be a full,
true, and complete, co~y. . Or\ ~/. O--r
SIGNED .~L<.: :~(]:~-iJ~-n ~J
DECREE OF DETERMINATION OF HEIRSHIP PURSUANT TO WS § 2-9~201
Page ~ 2 of 2