HomeMy WebLinkAbout917157
IN THE MATTER OF THE
DETERMINATION OF HEIRSHIP
of
ELWORTH NIELD,
Deceased.
:~ I~:'t'
DECREE OF
DETERMINATION OF
HEIRSHIP AND
INTEREST IN LAND
Probate No. 2006-02
On the 30th day of March, 2006, the above captioned matter came on before the Court
for hearing, pursuant to prior assignment and Order, on the Petition for Determination of
Heirship and Interest in Land, as filed by the Petitioner, and the Court having reviewed the file
of record and being duly advised in the premises, makes the following:
FINDINGS OF FACT
1.
2-9-201.
The Petition on file is sufficient and complete and in accordance with law, W.S. §
2. Due and proper notice of this hearing has been given, in accordance with prior
order of this Court as shown by filed Affidavit of Publication of Notice, indicating compliance
with W.S. § 2-9-202, and by filed Affidavit of Mailing, indicating compliance with W.S. §§ 2-9-
202, 2-7-205.
3. Elworth Nield died on or about the 22nd day of April, 1994. More than two years
have elapsed since the date of death of decedent.
4. Decedent died seized of an interest in land located in Lincoln County, Wyoming,
more particularly described as follows:
Part of Lot 1 of Block 30 to the Town of Afton, Lincoln County, Wyoming, being more
particularly described as follows:
RECEIVED 3/31/2006 at 3:05 PM
RECEIVING # 917157
BOOK: 615 PAGE: 767
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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C00768
0'9171.57
COMMENCING at the point 220 feet West of the Northeast corner of said Lot 1 and
running thence West 77 feet;
thence South 82 1/2 feet;
thence West 33 feet;
thence South 82 12 feet;
thence East 165 feet;
thence North 66 feet;
thence West 55 feet;
thence North 99 feet to the PLACE OF BEGINNING.
LESS AND EXCEPT the land contained in Warranty Deed recorded November 24,
1959, in Book 41 PR on Page 72 of the records of the Lincoln County Clerk.
LESS AND EXCEPT the land contained in Warranty Deed recorded August 23,
1965, in Book 71 PR on Page 97 of the records of the Lincoln County Clerk.
5. There has been no previous record judicial determination of the decedent's heirs
or the right of descent of the described real property.
6. The heirs at law of the decedent upon his death and the degree of kinship of
each to the decedent are as follows:
Name
Relationship
Address
Marjorie Hunsaker
Daughter
PO Box 802
Afton, WY 83110
Ruth Brog
Daughter
10197 North Pinion Drive
Cedar Hills, UT 84062
Marilyn Hillstead
Daughter
18811 White Oak Drive
Sonoma, CA 95476
The individuals above-named are the sole and only parties who held the right of descent
of the real property interests aforesaid from the decedent, on the date of decedent's death.
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Based on the above findings of fact, the Court makes the following:
CONCLUSIONS OF LA W
1. The Court has full ana complete jurisdiction over the subject matter and all
interested parties in this cause.
2. The file of record is complete and meets all the requirements of W.S. §§ 2-9-
201, 2-9-202, and 2-9-203 for the relief prayed for in the Petition.
3. The Petitioner is entitled to the relief prayed for in the Petition.
DECREE
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
1. The decedent, Elworth Nield died on April 22, 1994. At his date of death
decedent left surviving the heirs at law listed above. Those individuals are the sole and only
parties who held the right of descent of the real property interests from the decedent on his date
of death.
2. The above named heirs-at-Iaw are the present owners of the fee simple interest
which belonged to decedent in land located in Lincoln County, Wyoming, more particularly
described as follows:
Part of Lot 1 of Block 30 to the Town of Afton, Lincoln County, Wyoming, being more
particularly described as follows:
COMMENCING at the point 220 feet West of the Northeast corner of said Lot 1 and
running thence West 77 feet;
thence South 82 1/2 feet;
thence West 33 feet;
thence South 82 12 feet;
thence East 165 feet;
thence North 66 feet;
thence West 55 feet;
thence North 99 feet to the PLACE OF BEGINNING.
3
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C00770
09171.57
LESS AND EXCEPT the land contained in Warranty Deed recorded November 24,
1959, in Book 41 PR on Page 72 of the records of the Lincoln County Clerk.
LESS AND EXCEPT the land contained in Warranty Deed recorded August 23,
1965, in Book 71 PR on Page 97 of the records of the Lincoln County Clerk.
Dated this
3 ¿ "t~ay of {ì1. ~ U ,2006.
;P~~
Dennis L. Sanderson
District Judge
55.
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