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Home My WebLink About930089 (J. OO~P9 " . ....,¡; (:) RECEIVED 6/6/2007 at 2:36 PM RECEIVING # 930089 BOOK: 660 PAGE: 889 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 Re. the Matter of the Estate of: Capitola P. Fox, Deceased. Probate No.: 3328 ORDER REOPENING ESTATE THIS MATTER came before the Court upon the Petition to Reopen Estate filed by Spencer F. Eccles, previous Co-Executor of the above captioned estate, who was represented by Clay D. Geittmann of Mullikin, Larson & Swift LLC. Petitioner filed his Petition to Reopen Estate in accordance with the provisions of WS § 2-8-101 et seq. Based upon the Petition to Reopen Estate as filed by the Petitioner, and the pleadings and records in this Court's file this Court hereby makes the following findings of fact and conclusions of law: Findings of Fact Based upon the pleadings and records in this Court's file this Court hereby makes the following findings of fact: 1) Capitola P. Fox passed away on the 25th day of April, 1985; 2) The Last ,"Vill and Testament of Capitola P. Fox was filed in the above captioned action on the 1zth day of December, 1986; 3) The Last Will and Testament of Capitol a P. Fox was admitted to probate in the above captioned action on the 12th day of December, 1986, and contemporaneously therewith Spencer F. Eccles and R. Michael Mullikin were appointed as the Co-Executors in the above captioned action; 4) The Co-Executors in the above captioned action were directed and empowered to convey all of the real estate, improvements and personal property associated with such real estate, together with all after-discovered property, of Capitola P. Fox to Hope Eccles Behle in satisfaction of that certain promissory note from the estate of Capitol a P. Fox in favor of Hope Eccles Behle; 5) The above. captioned action was duly administered and closed, and the Co- Executor's discharged on the 7th day of May, 2001; 6) The Co-Executors have recently discovered that the "Second & Final Report, Accounting & Petition to Settle Estate," filed February 8, 1989, in the above captioned action, omitted an attachment entitled "Exhibit A." The said attachment purported to identify "An accurate description of the real estate of which decedent died seized * * *"; 7) A version of the said "Exhibit A" was later filed and attached, in error, to the Second & Final Report, Accounting & Petition to Settle Estate, but this version contained an erroneous description of the real estate of the decedent, omitting the following parcels of real property: SWY-iSEY-i & S~SWY-i of Section 1, T. 26 N; SEY-iSEY-i of Section 2, T. 26 N; E~NEY4 of Section 11, T. 26 N; and W~NWY-i and NWY-iSWY-i of Section 12, T. 26 N. In Re: the Matter of the Estate of Capitola P. Fox ORDER REOPENING ESTATE Page 1 of 3 u::-J30(J S8 000890 Range 114 West of 6th P,M., Lincoln Co" Wyoming. The erroneous version of the said attachment, "Exhibit A," is hereinafter referred to as the "Incomplete Exhibit" and the foregoing property is hereinafter referred to as the "Omitted Property"; 8) On March 14, 1989, this Court signed the Order Approving Second and Final Report and Accounting and Petition for Settlement of Estate and Decree for Settlement of Estate, to which Order was attached a copy of the "Incomplete Exhibit," labeled "Exhibit A" The Order approved the execution and delivery, by the Co-Executors, of an Executor's Deed, conveying all of the real property of the estate to the sole creditor of the estate, Hope Eccles Behle, in satisfactipn of indebtedness evidenced by that Creditor's Claim filed by Hope Eccles Behle on December 12, 1986, in an amount nearly twice the appraised value of the assets of the decedent. The said claim had been allowed, with the result that no assets would remain available for distribution to the heirs; 9) On March 14, 1989, the Executor's Deed was executed by the Co-Executors, using the Incomplete Exhibit containing the same defective description of the real estate to be conveyed to the sole creditor, Hope Eccles Behle (the decedent's sister). The Executor's Deed was recorded in Lincoln County, Wyoming April 3, 1989, as entry #700289; 10) As a result of the use of the Incomplete Exhibit to the Executor's Deed, the Omitted Property remains vested in Capitola P. Fox; 11) Since the recordation of the Executor's Deed, the heirs and representatives of Hope Eccles Behle have continued in occupation of the real property including the Omitted Property and have continued to pay the real estate taxes accruing on the real property including the Omitted Property; 12) That the names, ages and residences of the heirs, devisees and creditors of Capitola P. Fox, so far as known to this Petitioner, are: Estate of Hope Eccles Behle Creditor of Estate c/o Spencer F. Eccles Ray Quinney & Nebeker PO Box 45385 Salt Lake City, Utah 84145-0385 :Mr. Clayton Lunde Bonita Louise Lunde Adult Heir 9435 Country Road 315 LaBarge, Wyoming 83123 Shirley Anne Fox Zardus Adult Daughter PO Box 3663 Jackson, Wyoming 83001 Rich Lunde Bonita Louise Lunde Adult Heir 3030 West 3600 South West Haven Utah 84401 Kay Luncfe Wright Bonita Louise Lunde Adult Heir 19 West 700 North Jerome, Idaho 83338 Lynn Lunde Harshbarger Bonita Louise Lunde AduH Heir 4956 N. Cranberry Marsh Road Attica, Indiana 47918 Amber Lunde Douglas Bonita Louise Lunde Adult Heir 1665 Troy Court Kemmerer Wyoming 83101 Shirley Fox Zardus Bonita Louise Lunde Adult Heir PO Box 3663 Jackson, Wyoming 83001 13) Spencer F. Eccles is able and willing to resume his service as the Executor of the estate of Capitola P. Fox, however, R. Michael Mullikin is deceased and unable to participate in this Petition to Reopen Estate; and 14) Petitioner caused a true and correct copy of the Petition to Reopen Estate together with all attachments to be mailed to all of the foregoing heirs, devisees and creditors of Capitol a P. Fox. In Re. the Matter of the Estate of Capitola P. Fox ORDER REOPENING ESTATE Page 2 of 3 .'.".,: \ ".,1( (' \\l7l q,~,t(:ì\ lJ.JU'l.~~ -....'" 00089:l Conclusions of Law Based upon the pleadings and records in this Court's file this Court hereby makes the following conclusions oflaw: 15) Petitioner's Petition to Reopen Estate falls within the scope of WS § 2-8-101 et seq., since the Petition seeks to correct the legal description of the real property administered in the above captioned action. Order Based upon the foregoing findings of fact and conclusions of law this Court hereby orders, adjudges and decrees as follows: a) That the estate of Capitola P. Fox be reopened in accordance with the provisions of WS § 2-8-101 et seq., in order to correct the legal description of the Lincoln County, Wyoming real property conveyed from the estate of Capitola P. Fox to Hope Eccles Behle to include the Omitted Property; b) That the heirs, devisees and creditors of Capitola P. Fox be given thirty (30) days from the filing of the Petition to Reopen Estate to file any objections to the Petition, and if any objections are so filed that this matter be set for hearing, and if no objections are received within such time frame: a. That a Supplemental Order amending the Order Approving Second and· Final Report and Accounting and Petition for Settlement of Estate and Decree for Settlement of Estate provided by Petitioner to the Court shall be filed whereby the legal description contained in the original Order Approving Second and Final Report and Accounting and Petition for Settlement of Estate and Decree for Settlement of Estate is amended to reflect the correct legal description of the Lincoln County, Wyoming real property and include the Omitted Property; b. That Spencer F. Eccles is hereby reappointed as the sole Executor of the estate of Capitola P. Fox so that he may execute a Corrective Executor's Deed from the estate of Capitola P. F~x to Hope Eccles Behle reflecting the Omitted Property and in confonnity with the Supplemental Order amending the Order Approving Second and Final Report and Accounting and Petition. for Settlement of Estate and Decree for Settlement of Estate; and c. That following the filing with this Court of a file stamped copy of the Corrective Executor's Deed, as filed with the Lincoln County Clerk, from the estate of Capitola P. Fox to Hope Eccles Behle reflecting the Omitted Property, that this Court shall again close the above captioned action and discharge the Executor. Dated this ~ay of March, 2007. ~. ,'! . .------.,..-.-.,-.. > i ¡"'; . : ¡ \.A'·; L,:,\\'. ,:·::'.1;:~! -í i'; L;' t:; '¡ ~.\ .: 1,,; r.:-~ ¡ c: j ~~ f f)! ~.'-;,.;' ¡ .'.": 'f count~·· ar~d t~,.:: 'ii' h~~tt;;;by cørtiYy ~"i,'-~¡~, uue, and ccn¡¡· In Re. the Matter of the Estate of Capitola P. Fox ORDER REOPENING ESTATE Page 3 of 3