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HomeMy WebLinkAbout939120 BY IN THE DISTRICT COURT OF THE THIRD JUDICIM1fflS1'IY<?illy¡, IN AND FOR THE COUNTY OF LINCOLN, STATE OF WY.?~~~~ERTS ~t~R~~ DISTRICT CO¥RT IN THE MATTER OF DETERMINATION OF HEIRSHIP OF l1NboLN3~ò'~~~:~\~+~T~~CWYOMtN()' ) Probate No. 2008-21-DC HEBER JOHN BOEHME, Deceased. ) ) ) (:00898 DECREE ESTABLISIDNG RIGHT AND TITLE TO REAL PROPERTY The above entitled matter came on regularly for hearing this J ~ day of May, 2008, before the Honorable Dennis L. Sanderson, District Court Judge on the application of Affidavit for Distribution of Estate or Decree Establishing Right and Title to Real Property, as heretofore filed by the Petitioner, and the Court, having reviewed the file of record and being duly advised in the premises, fmds as follows: 1. That the aforesaid affidavit or application dated the 14th day of April, 2008, filed with this Court on the 2¡st day of April, 2008 in accord with §2-1-205 W.S. (1997) applied to tIns Court for an order authorizing a summary procedure for distribution of certain real property described in full hereafter, is sufficient, complete and in accordance with law. I 2. That due and proper notice of this hearing has been given; and that there is on file in the record herein, an Affidavit of Publication showing compliance with §2-1-205 (c) (Lexis 2001). 3. That the above named Decedent died on the 30th day of May, 1999, in the Town of Geneva, State ofldaho. 4. That the Decedent died testate leaving surviving her heirs at law, the following persons: Name Emma Lyle Boehme Jacalyn Noyes Robert D. Boehme Rodney H. Boehme Patrice Boehme Relationship Spouse Daughter Son Son Daughter 5. That the Decedent died seized of an undivided interest as a co-tenant received from the Warranty Deed from Junior Boehme and Sarah Jane Boehme dated February 19, 1976 that was recorded in the Office of the Lincoln County Clerk as Instrument Number 475557 on February 25, 1976 in Book 123 PR at Page 536 in land located in Lincoln County, Wyoming, to-wit: RECEIVED 5/19/2008 at 4:32 PM RECEIVING # 939120 BOOK: 694 PAGE: 898 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Probate\Boehnre\Dccree Township 27 North. Range 119 West. 6th P.M. Section 7: The East 1120 feet of the E~ NWY4; SWY4 Section 18: NEY4 NWY4 Township 27 North. Range 120 West. 6th P.M. Section 12: EY; SEY4; ALSO beginning at a point 80 feet south of the Northeast comer of the SWY4 SEY4, Thence West along the existing road to its point of intersection with the West line of Lot 4 of said Section 12, Thence South to the Southwest comer of Lot 4, Thence East to a point directly South of the point of beginning, Thence North to the point of beginning. Section 13: Lots 1, 2, 3 and 4; E~ - SUBJECT to exceptions, reservations, and rights-of-way across said lands. ('00899 6. That no application for the appointment of a personal representative for the Decedent's estate is pending or has been granted in any jurisdiction. 7. That the value of the entire estate of said Decedent, wherever located does not exceed one hundred fifty thousand dollars ($150,000). 8. That more than thirty (30) days have elapsed since the date of death ofthe Decedent. 9. That pursuant to the Affidavit for Distribution of Estate, the children ofthe decedent, J acalyn Noyes, Robert D. Boehme, Rodney H. Boehme and Patrice Boehme have disclaimed any interest in the real property of the estate and the right, title and interest of Decedent to said real property vested upon his death in said heir in the following manner: Name Emma Lyle Boehme Share of Decedent's Estate 100% 10. That no obj ections, written or oral, have been filed with the Court by any party whomsoever, as to the above captioned matter. Based upon the aforesaid, the Court makes the following: CONCLUSIONS OF LAW 1. That the Court has full and complete jurisdiction over the subject matter and all interested Parties in this cause. 2. That the file of record herein is complete and meets all the requirements of §2-1-205 (1997) for relief prayed for in the application. IT IS ORDERED, ADJUDGED AND DECREED that at the aforesaid date of death of the Decedent, the distributee entitled to this estate are: Name Emma Lyle Boehme Share of Decedent's Estate 100% IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Emma Lyle Boehme is Probate\Boehme\Decree 2 ûOV900 the present owner of the above described interest in real property, thereby vesting in said Emma Lyle Boehme, that undivided interest as a co-tenant the decedent received from the Warranty Deed from Junior Boehme and Sarah Jane Boehme dated February 19, 1976 that was recorded in the Office of the Lincoln County Clerk as Instrument Number 475557 on February 25, 1976 in Book 123PR at Page 536 in the following described real estate situated in Lincoln County, State of Wyoming: Township 27 North, Range 119 West. 6th P.M. Section 7: The East 1120 feet ofthe EYí NWv'¡; SWV,¡ Section 18: NEV,¡ NWV,¡ Township 27 North, Range 120 West. 6th P.M. Section 12: EYí SEV,¡; ALSO beginning at a point 80 feet south of the Northeast comer of the SWV,¡ SEv'¡, Thence West along the existing road to its point of intersection with the West line of Lot 4 of saìd Section 12, Thence South to the Southwest comer of Lot 4, Thence East to a point directly South of the point of beginning, Thence North to the point of beginning. Section 13: Lots 1, 2, 3 and 4; EYí - SUBJECT to exceptions, reservations, and rights-of-way across said lands. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this decree shall be recorded in the Office of the County Clerk; and thereafter the decree and record thereof shall be presumptive evidence of title to the property herein described. DONE IN OPEN COURT this ~ day of -.1Y\ ~ a~ ..4. :'M'AC4. , . "',rRt.lAM., " DENNIS L. SANDERSON District Court Judge ;:'U\TE OF WYOMING { COUNTY OF UNCOL~'Jj I, Kenneth D. Roberts, Clerl< ofthe ThlriJ Judicial District Court within and foreuid county and in the State of foresaid, do hereby certify the lorcgoing to be a full, true~~~~:~~k:~~. ~ ,2008. SS. Probate\Boehme\Decree 3