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HomeMy WebLinkAbout936088 ~ 6010715910 RECEIVED 1/8/2008 at 11 :36 AM RECEIVING # 936088 BOOK: 683 PAGE: 230 JEANNE WAGNER . 00-0230 LINCOLN COUNTY CLERK, KEMMERER, WY IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING No. 2937 .-'.~' ~.'.. IN, THE MATTER OF THE CONSERVATORSHIP OF: , ~ '\. ,~..- .'. . .-.~-~. ~~.: - -~. RICHARD H. DIMOND, An Incompetent Person. AMENDED ORDER AUTHORIZING SALES OF LIFE ESTATE INTEREST IN REAL PROPERTY The above-captioned matter comes on before the Court upon <' \ i the Amended Fourth Petition for Authority to Sell Life Estate [ v Û Interest in Real Property as filed herein by the Co- Conservators; and the Court, having reviewed the file of record herein and being duly advised in the premises, finds as follows: that each and all of the statements in said Amended Fourth Petition are true and correct; that all persons holding remainder interests in the subject real property have filed their consents to the proposed sale of the ward's life estate interest therein and have waived a hearing in this matter; that the sale of the ward's life estate interest in the subject real property is in the best interests of the Ward; and that therefore the Co-Conservators ought to be authorized to complete 1r ~ t O(f0231. the proposed sale of the ward's life estate interest as reported and prayed for in their Amended Fourth Petition. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Co- Conservators of the above-captioned Conservatorship be, and they hereby are, authorized to sell the ward's life estate interest in and to the. following described real property located in Lincoln County, Wyoming: All of GLO Lot 12, GLO Lot 13, GLO Lot 22, .the SE~NE~ and the NE~SE~ of Section 33, Township 24 North, Range 119 West, Lincoln County, Wyoming. AND That part of GLO Tract 40 within said Section 33, and within Section 4 of Township 23 North, Range 119 West and part of GLO Tract 74 within said Section 4, lying and being situate easterly of the easterly right-of- way line of U.S. Highway 30, except for that tract of record in the Office of the Clerk of Lincoln County in Book 558 of Photostatic Records on page 298. TOGETHER WITH all improvements and appurtenances thereon situate or in anywise appertaining thereunto. SUBJECT, HOWEVER, to all reservations, restrictions, exceptions, easements and rights-of-way of record. RESERVING, HOWEVER, to Grantors, their successors and assigns, one-half (1/2) of all of Grantors' interest in and to the mineral estate lying in, upon, underlying or across the above-described premises, including but not limited to, metallic, non-metallic, coal, oil, gas or other hydrocarbonous substances which may be mined or removed by Grantors, their successors and assigns. 2 000232 to KIM CLARK and JILL CLARK, husband and wife, as tenants by the entireties; that said sale of land is hereby confirmed; and that upon the sale of the above-described land, the life estate of the Ward is terminated in that parcel of land. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Co- Conservators, upon receipt from said purchasers of the sums set forth in the Amended Fourth Petition for Authority to Sell Life Estate Interest in Real Property filed herein, are further authorized to execute and deliver such deeds of conveyance and other instruments as may be reasonable and necessary to complete the proposed sale of the ward's life estate interest in the subject real property. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to Sections 1-32-306, et seq., W.S.A. (2007), that the ward shall have a life estate interest in and to all monies received by the Co-Conservators from said sale, and that the Co-Conservators, Weston R. Barker and Timothy O. Beppler, are hereby appointed as co-trustees to invest and manage said monies in accordance with the provisions of Section 1-32-307, W.S.A. (2007); provided, however, that said co-trustees shall not be required to post any security for the faithful discharge ot their duties in addition to the bond already posted as Co-Conservators herein; and provided further that said co-trustees shall report to the Court 3 000233 their proceedings and the condition of said investment at the time they file their annual conservatorship accounting herein. /~tI.. '-Ilk . DATED this (~day of I' "z..-..L-.I,!J-~ r/3/" ~«~~- DENNIS L. SANDERSON District Judge 4