HomeMy WebLinkAbout876512IN THE DISTRICT COURT, THIRD JUDICIAL DISTRICT
COUNTY OF LINCOLN, STATE OF WYOMING
Docket No. 10793
IN THE MATTER OF THE APPLICATION
FOR THE DECREE ESTABLISHING RIGHT
AND TITLE TO REAL PROPERTY OF
DAVID TAYLOR DAYTON
Deceased.
PURSUANT TO W.S. 2 -1 -205
DECREE ESTABLISHING RIGHT AND TITLE
TO REAL PROPERTY PURSUANT TO W.S. 2 -1 -205
This Court having examined the application of Cindy Dayton Smith, individually and as
mother and natural guardian of Christina Carol Dayton, David Taylor Dayton Jr., Sara Lynn
Dayton, Lois Marie Dayton, Rebecca Ellen Dayton, and Jessica Taylor Dayton, pursuant to W.S:
2 -1 -205, on behalf of the distributees of the estate of David Taylor Dayton, and the proof of
publication filed in this matter, FINDS:
1. The Decedent, David Taylor Dayton, died intestate on August 6, 1991, in
Montpelier, Idaho. The Decedent was survived by his wife, Cindy Dayton Smith, and six
children, Christina Carol Dayton, David Taylor Dayton Jr., Sara Lynn Dayton, Lois Marie
Dayton, Rebecca Ellen Dayton, and Jessica Taylor Dayton.
2. Pursuant to W.S. 2 -1 -205 since the Decedent died intestate being survived by a
wife and children, the estate shall descend to the surviving wife and children. There are no other
distributees of the Decedent having a right to succeed to any of the property of the Decedent
under probate proceedings.
3. The value of the entire estate of said Decedent, wherever located, does not exceed
$70,000.00 and a sworn report of appraisal, made by an independent appraiser who has no legal
interest in the estate has been filed herein.
4. More than 30 days have elapsed since the date of death of D t. R ED
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5. No application for the annointnln" 6f3 le2onal representativ f ceder
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is pending or has been granted in any jurisdiction.
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'6. Among the assets owned by the Decedent, in his sole and separate name, was the
following real property interest located within Lincoln County, State of Wyoming, to -wit:
Lots 5, 6, 13, 18, 20, and 21; and S 1/2 SE 1/4; and SE 1/4 SW 1/4 of Section 23,
E 1/2 (being the East 20 acres) of tract 61B and all of tract 61C and all of tract
61D all being a part of Resurvey tract 61 (formally described as SW 1/4 SW 1/4
of Section 14 and N 1/2 NW 1/4 and SW 1/4 NW 1/4 of Section 23 all in
Township 24 north, range 119, West of the 6th principal meridian); and tract 62
(formally described as NW 1/4 SE 1/4 and S 1/2 NE 1/4 of Section 23 and SW 1/4
NW 1/4 of Section 24, all in Township 24 North range 119, west of the 6th
principal meridian), excepting from said tract 62 the east 40 acres thereof; and W
1/2 of Lot 8; and W 1/2 NW 1/4 SW 1/4 of Section 24; all in Township 24 North
range 119, West of the 6 principal meridian.
NOW, THEREFORE, IT IS ORDERED ADJUDGED and DECREED that Cindy
Dayton Smith, Individually and as mother and natural guardian of Christina Carol Dayton, David
Taylor Dayton Jr., Sara Lynn Dayton, Lois Marie Dayton, Rebecca Ellen Dayton, and Jessica
Taylor Dayton, are entitled to delivery of all of Decedents property described herein which
property is more particularly described as follows:
Lots 5, 6, 13, 18, 20, and 21; and S 1/2 SE 1/4; and SE 1/4 SW 1/4 of Section 23,
E 1/2 (being the East 20 acres) of tract 61B and all of tract 61C and all of tract
61D all being a part of Resurvey tract 61 (formally described as SW 1/4 SW 1/4
of Section 14 and N 1/2 NW 1/4 and SW 1/4 NW 1/4 of Section 23 all in
Township 24 north, range 119, West of the 6 principal meridian); and tract 62
(formally described as NW 1/4 SE 1/4 and S 1/2 NE 1/4 of Section 23 and SW 1/4
NW 1/4 of Section 24, all in Township 24 North range 119, west of the 6th
principal meridian), excepting from said tract 62 the east 40 acres thereof; and W
1/2 of Lot 8; and W 1/2 NW 1/4 SW 1/4 of Section 24; all in Township 24 North
range 119, West of the 6' principal meridian
IT IS FURTHER ORDERED that a certified copy of this Decree Establishing Right and
Title to Real Property Pursuant to W.S. 2 -1 -205 shall be filed with the County Clerk of Lincoln
County, Wyoming, in compliance with W.S. 2 -1 -205 (c), as amended.
DATED this day of
STATE OF WY0fdit'NG 1
COUNTY OF t.iNCOt N i
1, Kenneth D. Roberts, Clerk of he TNT,.
Judicial Distrie C end fOreSD:ii
county and i of oresaid, io
herebyycerti o be a full,
true, and co
SIGNED
1.
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2001.
BY THE COURT:
DISTRICT COURT JUDGE,
DENNIS L. SANDERSON
452