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IN THE MATTER OF THE ESTATE OF )
DAVID MORGAN CHEEK,
Deceased.
DECREE OF DISTRIBUTION OF REAL PROPERTY
THIS MATTER came before the Court on an Application for Distribution of Real
Property brought pursuant to W.S. § 2-1-105 by Stephen P Cheek, Karen A. Cheek,
Whitney Lauren Cheek and Madison Alaine Cheek, the surviving heirs and distributees of
the Decedent and requesting distribution of certain real property. After examining the
application and other documents filed with the Court, the Court finds as follows:
1. The Decedent died intestate on the 23rd day of June, 2000, and more than
thirty (30) days have passed since his death.
2. Stephen P. Cheek and Karen A. Cheek are the father and mother of the
Decedent and Whitney Lauren Cheek and Madison Alain Cheek are sisters of the
Descendent and the only heirs and distributees of the Decedent.
3. The Decedent owned the following interest in real property located in Lincoln
County, Wyoming:
,(}
a. An undivided one-fifth (1/5) interest as a tenant in common to an
undivided two-third (2/3) interest in and to a parcel of land in Tract 50 located
in Section 23 as shown on the supplemental plat of Johnson & Jaeckel's
1908 Resurvey of the SE1/4 of T21N R116W of the 6th P.M., within the
original corporate boundary of the Town of Diamondville, Lincoln County,
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0925508
··OOO23Ø'
Wyoming, being more particularly described as follows, to wit:
\
Beginning at an aluminum cap set on the curved Easterly R/W line of Canyon
Road from which a point on the tract line between Tracts 50 and 52 bears N
89°42'09" W, 26.50 feet distant, from which a GLO brass cap marking the
corner common to Tracts 46,50 and 52 bears S 00° 17'51" W, 147.96 feet
distant;
thence around the tract S 89°42'09" E at right angles to the line between
Tracts 50 and 52, a distance of 196.07 feet to an aluminum cap set;
thence S 00°17'51 W, parallel to the line between Tracts 50 and 52, a
distance of 150.00 feet to an aluminum cap set;
thence N 89°42'09" Wat right angles to the line between Tracts 50 and 52, a
distance of 106.64 feet to an aluminum cap set on the curved Easterly RIW
line of Canyon Road;
thence along the Easterly RIW of Canyon Road on a curve to the left, the
radius of which is 634.65 feet and whose long chord bears N 30°29'25" W, a
distance of 175.41 feet to the point of beginning;
containing 22,000 square feet, more or less.
AND,
b. An undivided one-fifth (1/5) interest as a tenant in common to an
undivided one-third (1/3) interest in and to a parcel of land in Tract 50 located
in Section 23 as shown on the supplemental plat of Johnson & Jaeckel's
1908 Resurvey of the SE 1/4 of T21 N R 116W of the 6th P. M., within the
original corporate boundary of the Town of Diamondville, Lincoln County,
Wyoming, being more particularly described as follows, to wit:
Beginning at an aluminum cap set on the curved Easterly RIW line of Canyon
Road from which a point on the tract line between Tracts 50 and 52 bears N
89°42'09" W, 26.50 feet distant, from which a GLO brass cap marking the
corner common to Tracts 46,50 and 52 bears S 00° 17'51" W, 147.96 feet
distant;
thence around the tract S 89°42'09" E at right angles to the line between
Tracts 50 and 52, a distance of 196.07 feet to an aluminum cap set;
thence S 00°17'51 W, parallel to the line between Tracts 50 and 52, a
distance of 150.00 feet to an aluminum cap set;
2
O~25508
.000240
thence N 89°42'09" Wat right angles to the line between Tracts 50 and 52, a
distance of 106.64 feet to an aluminum cap set on the curved Easterly RIW
line of Canyon Road;
thence along the Easterly RIW of Canyon Road on a curve to the left, the
radius of which is 634.65 feet and whose long chord bears N 30°29'25" W, a
distance of 175.41 feet to the point of beginning;
containing 22,000 square feet, more or less.
4. The Decedent had no other assets subject to probate proceedings pursuant
to Wyoming law.
5. The value of Decedent's entire estate in Wyoming, including the real property
interest described in paragraph 3, does not exceed $150,000.00.
7. There is no application pending for appointment of a personal representative,
nor has a personal representative been appointed, in this or any other jurisdiction.
8. With the exception of the applicants, the Decadent has no other heirs or
distributees having the right to succeed to his property or estate under Wyoming law.
9. The applicants, pursuant to W.S. § 2-1-205, published notice of their
application for two (2) consecutive weeks in the Little Chicaao Review, a newspaper of
general circulation in Lincoln County, Wyoming, and an affidavit of publication is on file with
the Court.
10. The fact~ set forth in this matter are not in dispute, and therefore, the matter
may be heard at this time.
IT IS ORDERED that by this Decree the Decedent's right and title to the following
described real property is distributed to the applicants, Stephen P. Cheek, Karen A. Cheek,
Whitney Lauren Cheek, and Madison Alaine Cheek in equal shares as Tenants in
3
0925508
Common:
000241.
a. An undivided one-fifth (1/5) interest as a tenant in common to an
undivided two-third (2/3) interest in and to a parcel of land in Tract 50 located
in Section 23 as shown on the supplemental plat of Johnson & Jaeckel's
1908 Resurvey of the SE 1/4 of T21 N R 116W of the 6th P. M., within the
original corporate boundary of the Town of Diamondville, Lincoln County,
Wyoming, being more particularly described as follows, to wit:
Beginning at an aluminum cap set on the curved Easterly RIW line of Canyon
Road from which a point on the tract line between Tracts 50 and 52 bears N
89°42'09" W, 26.50 feet distant, from which a GLO brass cap marking the
corner common to Tracts 46,50 and 52 bears S 00° 17'51" W, 147.96 feet
distant;
thence around the tract S 89°42'09" E at right angles to the line between
Tracts 50 and 52, a distance of 196.07 feet to an aluminum cap set;
thence S 00°17'51 W, parallel to the line between Tracts 50 and 52, a
distance of 150.00 feet to an aluminum cap set;
thence N 89°42'09" W at right angles to the line between Tracts 50 and 52, a
distance of 106.64 feet to an aluminum cap set on the curved Easterly RIW
line of Canyon Road;
thence along the Easterly RIW of Canyon Road on a curve to the left, the
radius of which is 634.65 feet and whose long chord bears N 30°29'25" W, a
distance of 175.41 feet to the point of beginning;
containing 22,000 square feet, more or less.
AND,
b. An undivided one-fifth (1/5) interest as a tenant in common to an
undivided one-third (1/3) interest in and to a parcel of land in Tract 50 located
in Section 23 as shown on the supplemental plat of Johnson & Jaeckel's
1908 Resurvey of the SE 1/4 of T21 N R 116W of the 6th P. M., within the
original corporate boundary of the Town of Diamondville, Lincoln County,
Wyoming, being more particularly described as follows, to wit:
Beginning at an aluminum cap set on the curved Easterly RIW line of Canyon
Road from which a point on the tract line between Tracts 50 and 52 bears N
89°42'09" W, 26.50 feet distant, from which a GLO brass cap marking the
corner common to Tracts 46,50 and 52 bears S 00° 17'51" W, 147.96 feet
distant;
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0325508
ÖOOZ42
thence around the tract 8 89°42'09" E at right angles to the line between
Tracts 50 and 52, a distance of 196.07 feet to an aluminum cap set;
thence 8 00°17'51 W, parallel to the line between Tracts 50 and 52, a
distance of 150.00 feet to an aluminum cap set;
thence N 89°42'09" Wat right angles to the line between Tracts 50 and 52, a
distance of 106.64 feet to an aluminum cap set on the curved Easterly RIW
line of Canyon Road;
thence along the Easterly RIW of Canyon Road on a curve to the left, the
radius of which is 634.65 feet and whose long chord bears N 30°29'25" W, a
distance of 175.41 feet to the point of beginning;
containing 22,000 square feet, more or less.
IT 18 FURTHER ORDERED that this Decree of Distribution may be filed for record
with the Lincoln County Clerk evidencing said d'
DATEDTHI8 ~ )~ day of
(~Ti\TE OF WYOMING 1
C')UNTY Of Uf\!COL~JJ
c,...c·
":>0.
i: !(~~net~ D, Robert~" Ckwk of the Third
Jl;dlC/ÐI DIstrict Court ivithin and í'ore~,aid
COUllt" :<I",_i ;n' H., -. F , .
,r "-<õ. e~,.~, ~ r ~_~ ¡~~,. _ .. ~ rOrø~}i;H , do
~erebY certify (1,:'(' in' "¡ine tc be r; full,
true, and compic ;: '.'.'11
, ,
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