HomeMy WebLinkAbout943772
LaVoy O. Taylor
Attorney at Law
365 North 4th Street
Montpelier, Idaho 83254
Phone: (208) 847-0185
Fax: (208) 847-0314
IN THE DISTRICT COURT OF THE TIIIRD JUDICIAL DISTRICT
RECEIVED 11/21/2008 at 11:38 AM
RECEIVING # 943772
BOOK: 709 PAGE: 529
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
- I L 1::. U
B+~!2~ ?
NOV 2 0 2008
KENNETH D. ROBERTS
CLERK OF DISTRICT COURT
3rd JUDICIAL DISTRICT
LINCOLN COUNTY, STATE OF WYOMING
90ûS29
IN THE COUNTY OF LINCOLN, STATE OF WYOMING
IN THE MATTER OF TIIE ESTATE
ofMARIL YN M. JAMES, a/k/a
MARILYN JAMES,
Deceased.
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Probate No. 2008-28-DC
DECREE OF DISTffiUTION
Robert J. Reynolds, Personal Representative of this Estate, having on the 30th day
of September, 2008, filed in this Court the Final Report, Accounting and Petition for
Distribution and the attorney for the Estate having filed his Affidavit of Mailing and
Proof of MaiHng, and no objections to the Representative's of this Estate's Final Report,
Accounting and Petition for Distribution, having been filed herein; it appearing to the
Court that this estate is in a condition to be closed.
NOW THEREFORE, THE COURT FINDS:
1. That Notice to Creditors has been published as required by law and that
more than three (3) months have expired since the :first publication of said Notice; that all
claims filed against the Estate and those justly owed have been paid by the Personal
Representative out of the funds of the Estate.
2. That the Personal Representative has caused a true inventory and
appraisement of the Estate of the Decedent, to be made and returned to the Court.
In the Matter of the Estale of Marilyn M. JQJt1eS,
aIlr/a Marilyn JQJt1eS
Probate No. 2008-28-DC
Decree of Distribution
1
That Notice of Final Settlement of the Estate has been published according -(:Oû530
, ,
to law. Proof of mailing having also been filed herein, all as required by law and that ., '
3.
there has been no objections filed against said Notice of Final Settlement of Estate.
4. That there is no U. S. Estate Tax owed due to the small size of this Estate,
which is well below the $2,000,000.00 tax free exemption.
5. That the Representative of this Estate has sold: None of the Estate
property, therefore no approval or affirmation is necessary from the Court.
6. That Marilyn M. James, alkJa Marilyn James, died testate on the 30th day
of January, 2007, in Montpelier, Bear Lake County, Idaho, devising and bequeathing all
her estate in her said Will dated January 8, 2007, to Robert K. Reynolds of 546 E. 800
South, Centerville, UT 84014 and Valerie Janeen Davis of 403 Circle Drive, Montpelier,
Idaho, 83254, and JoEllen Sommer of 332 South 7th Stree4 Montpelier, Idaho 83254,
share and share alike.
- - - - - - - - - - - -- .- ~ - -. -
--~+. -- .----.---. ---'-'..
7. That the Personal Representative for the Estate has waived his fee.
8. That LaVoy O. Taylor, Attorney for the Estate, has earned a statutory
legal fee of $3,500.00, which shall be paid by the Personal Representative from the funds
of the Estate.
9. That the final distn"bution filed herein by the Personal Representative
should be approved and the Estate distributed as prayed for in the Petition.
10. That the Estate is in a condition for final settlement and distribution and
should be distributed and closed; that Decedent died testate on the 30th day of January,
2007, in Montpelier, Bear Lake County, Idaho, and left heirs entitled to all her Estate in
In the MaUer of lire Estaie qf Marilyn M James,
a/k/a Marilyn James
ProbaJe No. l008-l8-DC
Decree of Distribution
2
the State of Wyoming, share and share alike in equal shares and their names and relation
are:
êOû5~1:
a.
Robert K. Reynolds of 546 E. 800 South, Centerville, ur 84014, a son of
the deceased.
b. Valerie Janeen Davis of 403 Circle Drive, Montpelier, Idaho, 83254, a
daughter of the deceased.
c. JoEllen Sommer of 332 South 7th Street, Montpelier, Idaho 83254, a
daughter of the deceased
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
I. That the Final Report, Accounting and Petition for Dis1ribution fIled
herein be, and the same is, hereby approved subject to fees and expenses incurred in the
[mal hearing.
2. That the fee for the attorney of the above Estate, LaVoy O. Taylor, is
hereby fixed at $3,500.00 and the Personal Representative is hereby authorized and
directed to pay same.
3. That the Personal Representative of the above-entitled Estate is to pay
over and dis1ribute to Robert K. Reynolds one-third (33.113 %) and Valerie Janeen Davis
one-third (33.113 %) and JoEllen Sommer one-third (33.1/3 %), of all of the assets of the
Estate of the deceased, Marilyn M. James, a/k/a Marilyn James, whether such property is
known or unknown, and more particularly described as follows:
REAL PROPERTY
The above Estate's one-third (33'lS %) mineral interest in the hereinafter described
real property, (Total Acreage 7,000 acres, more or less) to-wit:
In the Mauer of the Estate of Marilyn M James,
a/k/a Marilyn James
Probate No. 200S-28-DC
Decree of Distribution
3
1. All oil, gas and other minerals that are in or may be produced fÌ'om the
lands located in Sublette County, Wyoming and legally described as follows: . úOü532
SE~SE~ of Section 32; SY2SW~ of Section 33, all in Township 27 North,
Range 114 West of the Sixth Principal Meridian;
SYíSE'i4, EYíSE~SW~ of Section 34, all in Township 27 North, Range
114 West of the Sixth Principal Meridian;
Lots 7, 8, 12, WYíNE~, SEY4NEY-t, of Section 7; NWY-t of Section 17; Lot 5 and
EY:zNE~ of Section 18; Tracts 41A, 41B,k 41C and 41D; all in Township 27
North, Range 115 West of the Sixth Principal Meridian;
Two parcels of land lying Eastward of the Center Line of the main road in
the Valley of LaBarge Creek in Sections 6, 7, and 18, of Township 27 North,
Range 115 West of the Sixth Principal Meridian, and described in particular as
follows, to-wit:
Parcel "A": The SE~ of Section 6 in its entirety containing 160 acres, more or
less, and abutting on the East the following described irregular tract of land
bounded on the West by the Center Line of said Main Road, as follows:
Beginning at the point of intersection of said main road and the Northern
boundary of said Section 6, fÌ'om whence the Northwest comer of said Section
bears South 890 29' West 1.19 chains; thence meandering Southerly along the
center line of said main road, South 43° 36' East 34.89 chains; South 01° 00' West
11.77 chains; South 17° 58' East 20.11 chains; South 04° 20' East 7.58 chains;
South 08° 29' East 13.64 chains; South 000 54' West 10.76 chains; South 21° 21'
East 13.62 chains; South 290 34' East 1.78 chains to the point on an Eastern
boundary of Tract 38 of said Township and Range, the intersection of said
boundary and center line of said road; thence North 000 31' West 13.91 chains;
thence East 2.63 chains to the Southeast comer of Lot 5 of said Section 7; thence
North 00° 3' West 20.00 chains to the South quarter of said Section 6; thence
North 00167 07' West along the midsection line of said Section 6, 68.86 chains to
the North quarter comer thereof; thence South 8~ 29' West 40.57 cbains to the
point of beginning, and containing 153.98 acres, more or less, and also
Parcel "B": A parcel of land situate within said Tract 38 described in particular
as follows, to-wit:
Beginning at Comer Number 7 of said Tract 38, thence South 000 45' East 36.23
chains along an Eastern boundary of Said Tract 38 to the point of intersection of
the Center Line of said Main Road and said Eastern boundary, thence Northward,
meandering along said Center Line of said Road, North 290 14' West 0.02 chains;
North 05° 44' West 11.55 chains; North 08° 47' West 6.90 chains; North 31 ° 09'
West 9.72 chains; North 23° 39' West 10.46 chains to a north boundary line of
said Tract 38; thence East 10.96 chains along said North boundary line to the
place of beginning, and containing 13.84 acres, more or less. The total acreage of
Parcels "A" and "B" being 327.82 acres, more or less, as varies the survey thereof.
In the MaJJer of the £SlDte of Marilyn M.. James,
aIkIaMarilyn Jamøs
Probate No. 2008-28-DC
Decree of Distribution
4
A
ú00533
This conveyance is made subject to any rights now existing to any lessee or
assigns under any valid and subsisting oil and gas lease or leases or unit agreements
heretofore executed by Grantor( s); it being understood and agreed that said Grantees I shall
have, receive and enjoy the herein granted undivided interests in and to all bonuses, rents,
royalties and other benefits which may accrue under the terms of said lease or leases or
unit agreements, from and after the date hereof, insofar as it covers the above-described
~& ~
2. Also, all of the following described mineral lands, including after acquired
mineral interest, to-wit: All oil, gas and other minerals in or that may be produced from
the lands located in Lincoln County, Wyoming and legally described as follows:
Southwest quarter of the Northwest quarter (SW'i4.NW'i4.), Southeast
guarter of the Northwest quarter (SE'i2NW'i2), Southwest quarter of the Northeast
. quarter (SWY4NE'i4.), and Lots Two (2), Three (3) and Four (4) of Section Five
(5); Southeast quarter of the Northeast quarter (SE~NE~), Southwest quarter of
the Northeast quarter (SW'i4.NE~), and Lots One (1) and Two (2); of Section Six
(6); all in Township 22 North, Range 11 West of the Sixth Principal Meridian;
Southeast quarter (SE'i4.), and Lots Thirteen (13) and Eighteen (18); of Section
Thirty-one (31); all in Township 23 North, Range 115 West of the Sixth Principal
Meridian; and all of said lands being in Lincoln County, State of Wyoming.
3. Also, all oil, gas and other minerals in or that may be produced. from:
All of Sections Three (3), Seven (7), Nine (9), Fifteen (15), and Seventeen (17);
Northhalf(N'i2) of Section twenty-one (21); all in Township 20 North, Range 115
West of the Sixth Principal Meridian; all of Section Thirty-one (31); in Township
21 North, Range 114 West of the Sixth Principal Meridian; all of Section Thirty-
six (36); in Township 21 North, Range 115 West of the Sixth Principal Meridian;
all in Lincoln County, State of Wyoming, and containing 4,894.36 acres, more
or less.
Also, E'i2SW'i4., S'i2SE~ of Section 4; NEY4NE'i4. of Section 9; N'i2,
E'i2SE~ of Section 10; NW~ of Section 11; NE~ NW~ of Section 15; all in
Township 26 North, Range 114 West of the Sixth Principal Meridian, all in
Lincoln County, State of Wyoming.
4. Also, all oil, gas and other minerals in or that may be produced nom:
Lot 1 (formerly NE~NE'i4), Lot 2 (formerly NWY4NE'i4.), E'i2 of Lot 3
(fonnerlyE'i2NE'i4.NW~), E'i2SE'l4.NWY-t, EY2NEY-t, SWY~ S'i2SW~,
SW'i4.NE'i4, and W'i2SE'i4; all in Section 3, Township 26 North, Range 114
West of the Sixth Principal Meridian, in the County of Lincoln, State of
Wyoming;
In the Malter of the Es/QJe of Marilyn M James,
a/k/a Marilyn J01IU!S
Probats No. 2008-28-DC
Decree of Distribution
5
úO\ì534
Excepting therefrom a parcel of land conveyed by Philetus P. Twitchell
and Agnes I. Twitchell, his wife, to Earl M. Jones, by deed recorded in Book 24
of Deeds at Page 607, and described as follows, to-wit:
Beginning at the section comer common to Sections 2 and 3, Township
26 North, Range 114 West of the Sixth Principal meridian, thence South 890 50'
West 435 feet; thence South 17° 30' West 139 feet; thence South 48° 50' West 100
feet; thence South 110 45' West 300 feet; thence South 260 15' West 400 feet;
thence South 36° 30' West 645 feet; thence South 84° 47' East 1290 feet; thence
North 0° 4' East 1398 feet to the point of beginning, and containing 24.747 acres,
more or less, and
Beginning at a point 270 feet due South of the Northwest comer of the
SE~NE~ on the Jones-Twitchell boundary fence; thence running South 32° 30'
West 530 feet; thence South 45° 30' West 400 feet; thence South 20° 45' West
1938 feet along Connors Creek to the County Road; thence South 58° 0' East 1538
feet along the County Road; thence North 0(1 40' East 3355 feet to the point of
beginning, and containing 55. 244 acres, more or less.
In Compliance with W.S. §2-7-81l(b)(vi), your Personal Representative states no
legacy or devise remains a charge on any of the aforesaid interest in any of the aforesaid
real estate.
PERSONAL PROPERTY TO BE DISTRIBUTED
The following is personal property to be distributed to the heirs or distributees in
equal shares as follows:
All money held by EOG Resources, Inc., at P.O. Box, 4362, Houston, Texas,
77210-4362, as royalty payment on oil and gas leases, described as follows:
RE: Marilyn James Estate (053541R)
Cedar Creek 12-32 CW (0014910001)
SLB 15-04 CW (0051580001,0051580002,00511580003)
SLB 3-33 CW (0052870001,0052870002,0052870003)
SLB 22-32 LW (Q237700001)
SHB B 100-04 CW (0571800001)
Big Piney Shallow Prospect
Sublette County, Wyoming
ALSO: All personal property of the deceased owned by her at her death or
acquired thereafter, of any and every kind known or unknown or hereafter discovered.
OTHER PROPERTY
In the Mauer of the Estate of Marilyn M James,
a/k/a Marilyn James
Probate No. lOOB-18-DC
Decree of Distribution
6
f:Oû535
Any other property of the Estate not specifically named shall be distributed to
Robert K. Reynolds and Valerie Janeen Davis and JoEllen Sommer jn equal shares, share
and share alike.
&c
DATED this ;;ZO day of November, 2
District Court Judge
STATE OF WYOMING J
COUNTY OF LINCOLN 55.
I, Kenneth D. Robe¡is, Clerk of the Third
Judicial DistrictSourt within and foresaid
county and in tL ". .s~.i,1:i'\ of foresaid, do
hereby certify¡;'''c,'' ,"omg to be a full,
true, and cory;-,;,,: .
SIGNED ~Ðrrßll-.~tf"Þ. r
In the Matter of the Estate of Marilyn M James,
alk/a Marilyn James
Probate No. 20OS-28-DC
Decree of Distribution
7