The URL can be used to link to this page

Home My WebLink About945217 \ Gregory C. Dyekman Dray, Thomson & Dyekman, PC 204 East 22"d Street Cheyenne, VVY 82001 307-634-8891 - telephone 307-634-8902 - fax FI LE 0 JAN 3 0 2009 MARti.. YN M. ùt:l~vC:l~ CLERK OF DISTRICT CO PINEDALE, WYOMING BY Wyoming Bar No. 5-1858 IN THE DISTRICT COURT, NINTH JUDICIAL DISTRICT . ..COUNTY OF SUBLETTE, STATE OF WYOMING ûOô253 Probate No. 2008-2077 ·340975 IN THE MATTER OF THE ESTATE ) ) OF ) ) MARY ALICE SYLVESTER, Deceased. ) RECORDED 200Q IO,'(J/)/N¡ IN BOOK 8'8 ¡()tSf!.. . PAGE 7 ~ ¥ FEES $ / f, .tJtJ COUNTY CLERK , SUBLffiE .};f ~ 9, -1~ ORDER ADMITTING FOREIGN PROBATE PROCEEDINGS J On the 28th day of January, 2009, the above matter came on for hearing before the Court, on the Petition of Mary Kay Hill seeking to have probate proceedings conducted in the State of Colorado, County of Denver, in the estate of the above-named decedent admitted in this Court as a probate· Qf said estate by this Court, and the Court having reviewed the file of record herein and being duly advised in the premises, makes the following: c"~ FINDINGS OF FACT 1. The certified copies of the proceedings had in the State of Colorado, County of Denver, as filed with the aforesaid Petition, are sufficient and in accordance with the requirements of W.S. § 2-11-201. 2. The aforesaid decedent died seized of certain assets located in the Counties of Sublette and Li~coln, State of Wyoming. It is proper for Petitioner to file her Petition in Sublette CountYaþdthisproceeding shall pertain to the assets located in both Sublette and Lincoln Counties, Wyoming. 3. Said assets were not valued in excess of $150,000.00 at the date of death of the decedent. 4. Due and proper notice of these proceedings has been given, in accordance with W.S. § 2-11-201, and proof thereof by Affidavit of Publication is on file of record herein. RECEIVED 2/12/2009 at 10:24 AM RECEIVING # 945217 BOOK: 715 PAGE: 253 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ,..... ( 'r I :z 0" T I 1_. ûOü254 5. No objections, written or oral, have been presented to the Court by any creditor of the decedent, or by any other party whomsoever, to the admission of the aforesaid probate proceedings to record in this Court. BASED upon the aforesaid, the Court makes the following: CONCLUSIONS OF lAW 1. . The Court has full and complete jurisdiction over the subject matter and all interested parties in this cause. 2. The file of record herein is complete and meets all the requirements of W.S. § 2-11-201 for the relief prayed for in the Petition. 3. The Petitioner is entitled to relief as prayed for in the Petition heretofore filed herein. 4. The decedent died intestate, and the Order of Determination of Heirs entered in the Colorado Court is res judicata for purposes of this proceeding to the extent that it determines the heirs of the decedent and established that the decedent left no paternal heirs whatsoever. 5. The real property of decedent in Wyoming is subject to the applicable intestate succession statute of Wyoming, in this case, W. S. § 2-4-101 (c)(iii), which differs from the applicable intestate statute in Colorado. As a result, this Court will apply W. S. § 2-4-101 (c)(iii) in determining the distribution percentages for the heirs of decedent in this Order. ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the certified copies of the proceedings in the estate of the above-named decedent had and conducted in the State of Colorado, County of Denver, as filed with the Petition herein, be and the same hereby are admitted to record in this Court. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that said certified copies of the proceedings in the estate of the above-named decedent had and conducted in the State of Colorado, County of Denver, shall from this day forward be considered and treated as original proceedings in this Court, and shall be conclusive evidence of the facts therein shown. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the assets of this ancillary estate be, and the same hereby are, distributed as set forth below: - 2 - ûOô255 ANY AND All INTEREST IN THE all, GAS, OTHER MINERALS, AND MINERAL RIGHTS IN, UNDER AND APPERTAINING TO THE FOllOWING-DESCRIBED PROPERTY: TOWNSHIP 27 NORTH, RANGE 112 WEST OFTHE6TH P.M., SUBLETTE COUNTY, WYOMING SECTION 29: WEST HALF OF THE SOUTHEAST QUARTER (W1/2SE1/4) SECTION 32: WEST HALF OF THE NORTHEAST QUARTER (W1/2NE1/4); NORTHWEST QUARTER (NW1/4); WEST HALF OF THE SOUTHEAST QUARTER(W1/2SE1/4); EAST HALF OF THE SOUTHWEST QUARTER (E1/2SW1/4); NORTHWEST QUARTER OF SOUTHWEST QUARTER (NW1/4SW1/4); LOT 1, (SOUTHWEST QUARTER OF SOUTHWEST QUARTER) (SW1/4SW1/4) TOWNSHIP 26 NORTH, RANGE 112 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING SECTION 5: LOTS 2, 3, 8, 9 AND 14; THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW1/4NE1/4); AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4SE1/4) is hereby distributed as undivided interests to the following parties as tenants in common in the following percentages pursuant to W. S. § 2-4-101 (c)(iii): 16.666666% to Neva Anne Fenex P.O. Box 650 Lakeside, MT 59922 16.666666% to Deborah Jean Hogue 105 Homestead Circle Ithaca, NY 14850 16.666666% to Dr. William Tuddenham 2360 Midlothian Drive Altadena, CA 91001 16.666666% to Helen Tuddenham 1220 King Drive EI Cerrito, CA 94530 5.555556% to Schevaun Hegarty c/o Michael W. Sutherland, Esq. 1660 Lincoln Street, Suite 1700 Denver, CO 80264 5.555556% to Becky Howell 14700 Sport of Kings Wichita, KS 67230 5.555556% to Marty Wilson 9884 Castle Ridge Circle Highlands Ranch, CO 80129 I I 5.555556% tq Margaret A. lowrimore 11103 South Foxmoor Dr. Sandy, UT 84092 5.555556% to Eileen Fin'o'cchiaro 9841 West 86th Place Arvad a, CO 80005 5.555556% to Mary Kay Hill 315 Thoroughbred Lane Cheyenne, WY 82009 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon recordation of a certified copy of this Order and Decree, the interests described above shall be deemed fully distributed and no further act shall be necessary in order for title to vest in the distributees hereunder. DATED this ~ day of --:r- ~Jr¡ ,2009. THE s-rm Of W'fQUING ðrxJrmOl'suu:m BY THE COURT MAAII..~ M.J~EN ClERK OF nlE NNTH JUD!CW. Dlsrn· AND FOR BAtD IlTY rE H¡ CER"nFV - 3 -