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HomeMy WebLinkAbout949241RECEIVED 9/3/2009 at 10:20 AM RECEIVING # 949241 BOOK: 731 PAGE: 103 JEANNE WAGNER LINCOLN COUNT`( CLERK, KEMMERER, WY CW()VA03 IN THE DISTRICT COURT OF THE THIRD JUDICIAL, DISTRICT IN AND FOR THE COUNTY OF UINTA, STATE OF WYOMING J Probate No. 08-31 FILED IN THE i)I`yTIZICT COURT IN THE MATTER OF THE ESTATE OF: ) OF UINTA COUNTY, WYONUNG DOROTHY B. DAYTON, ) 0RIGINIA0f``Rk M9 Deceased. UEPUrx :ANN 1{. 1,AVIfRY CI_HRK OF U15I MC I CUUItI ORDER APPROVING FINAL REPORT AND ACCOUNTING, AND DECREE OF FINAL DISTRIBUTION This matter comes on for hearing before the Court on the Final Report, Accounting and Petition for Decree of Final Distribution, as filed with this Court by the Personal Representative of the above estate, and the Court, having reviewed the court file of record herein, having examined the Waivers of Notice and Consents to Approval of Final Report filed herein by all interested parties, and being duly advised in the premises, finds that the Court has full and complete jurisdiction over the subject matter and all interested parties, and therefore this matter ought to proceed on to final hearing and determination; and the Court specifically finds that each and all of the statements made in the Final Report are true and correct, that the conduct of the Personal Representative in the administration of this estate as reflected in said Report is 00ICY' 104 in accordance with law and the prior Orders of this Court, and that therefore order ought to be entered at this time fully and finally approving, ratifying and confirming the Final Report, Accounting and Petition for Final Distribution, and all doings of the Personal Representative in the premises. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Final Report, Accounting and Petition for Final Distribution be, and the same hereby is, fully and finally ratified, confirmed and approved, and all of the doings of the Personal Representative in the premises be, and the same hereby are, fully and finally approved. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Personal Representative shall proceed to make final distribution of all remaining assets of this estate now in the Personal Representative's hands as follows: 1. PERSONAL PROPERTY. The remaining personal property of the decedent shall be distributed as follows: (a) Approximately one-half (1/2) of the decedent's coin collection shall be distributed in kind to Rex E. Dayton, and approximately one-half (1/2) of the decedent's coin collection shall be distributed in kind to Lisa Suchesk, Diana Bagley and 2 :000105 Doug Suchesk, who shall decide upon the ultimate disposition of said items; (b) The decedent's 1995 Lexus ES 300 shall be distributed to Rex E. Dayton; (c) The decedent's antique music box and discs shall be distributed to Rex E. Dayton; (d) The decedent's diamond ring shall be distributed to Lisa Suchesk, Diana Bagley and Doug Suchesk, who shall decide upon the ultimate disposition of said item; and (e) Items located in the decedent's residence (260 Spring Street, Cokeville, Wyoming): (i) The decedent's doll collection (located in a cabinet near the door to the basement bedroom) shall be distributed to Lisa Suchesk; (ii) The small picture of "Corti" and the television that was a gift by him to the decedent shall be distributed to Doug Suchesk; (iii) Family photographs of the immediate family of Lisa Suchesk, Diana Bagley and Doug Suchesk, shall be distributed to them; (iv) Lisa Suchesk, Diana Bagley and Doug Suchesk shall receive a copy of the decedent's Family 3 0001 06 Genealogy records; and (v) All other personal property located in the decedent's residence shall be distributed to Rex E. Dayton. 2. REAL PROPERTY. The decedent's real property, commonly known as 260 Spring Street, Cokeville, Lincoln County, Wyoming, consisting of approximately 0.35 acres, more or less, and more particularly described as follows: Lots 3, 4, and the Northerly thirty (30) feet of Lot 5, in Block 3, Dayton No. 1 Addition to the Town of Cokeville, Lincoln county, Wyoming. LESS AND EXCEPT those lands described in that certain Quitclaim Deed to the State of Wyoming, Wyoming Game and Fish Commission, dated August 27, 1991, and recorded December 3, 1991, in Book 304PR, Page 534, of the Official Records of Lincoln County, Wyoming. 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. shall be distributed to Rex E. Dayton. Rex E. Dayton shall pay to Lisa Suchesk, Diana Bagley and Doug Suchesk, in equal shares, the sum of $72,500.00, in full satisfaction of their interest in said real 4 000407 property. 3. REMAINING ASSETS. All remaining assets of the Estate, including but not limited to any after- discovered property, shall, after the payment of all obligations of the estate and all remaining costs of administration (including but not limited to personal representative and estate attorney fees approved by the Court) and taxes owed by the Estate, if any, shall be distributed in accordance with the decedent's Last Will and Testament dated September 25, 1980, to-wit: one-half (1/2) to Rex E. Dayton; one-sixth (1/6) to Lisa Suchesk; one-sixth (1/6) to Diana Bagley; and one-sixth (1/6) to Doug Suchesk. Rex E. Dayton shall assign his interest in any remaining cash assets of the Estate to Lisa Suchesk, Diana Bagley and Doug Suchesk as partial payment of the obligation set forth in paragraph 2 above. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that when the Personal Representative has completed the distribution of all estate assets, as ordered herein, with all documentation necessary with respect thereto, the Personal Representative 5 0061.08 shall file with the Court a Petition for Final Discharge. DATED this 10 day of , 2009. DENNIS L. SANDERSON District Judge CERTIFIED TO BE A FULL, TRUE AND CORRECT COPY. ANN E. LAVERY 6 clerk of District court t