HomeMy WebLinkAbout949952FILED
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IN THE DISTRICT COURT OF THE THIRD JUDICIAL DI TRICT
OCT - G 2009
IN AND FOR LINCOLN COUNTY, STATE OF WYOMING
IN THE MATTER OF THE DETERMINATION )
OF HEIRSHIP )
OF )
REED HEMMERT GARDNER, )
Deceased )
KENNETH D. ROBERTS
CLERK OF DISTRICT COURT
3rd JUDIG;IAL DISTRICT
LINCOLN COUNTY, STATE OF WYOMING
Probate No. PR-2009-36-DC
v- Gi~527
DECREE OF DETERMINATION OF HEIRSHIP AND
INTEREST IN LAND NUNC PRO TUNC
On the 29 day of September 2009, the above captioned matter came on before the Court for
hearing, pertaining to the Petition for Determination of Heirship and Interest in Land, as heretofore
filed herein by the Petitioner, and the Court, having reviewed the file of record and being duly
advised in the premises makes the following findings:
FINDINGS OF FACT
1. That the aforesaid petition, is heretofore filed herein, is sufficient and complete and
in accordance with law, under W.S. 2-9-201.
2. That due and proper notice of this hearing has been given in accordance with the
prior Order of this Court; that there is on file of record herein an Affidavit of
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Publication of Notice, showing compliance with W.S. 2-9-202, and there is also on
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file of record herein an Affidavit of Mailing, showing due compliance with W.S. 2-9-
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202 and W.S. 2-9-203.
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That the above named decedent died on April 1, 2007.
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That more than two years have elapsed since the date of death of decedent.
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5.
That the decedent died seized of an interest in land located in Lincoln County,
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Wyoming described as follows: Section 1, T3 IN, RI 19W, 6t" P.M. described as
follows:
Beginning at the East Quarter Corner of said Section 1 and running thence West
along the South boundary line of said SE'/4NE'/4 of Section 1, 227 feet; thence North
parallel to the East boundary line of said Section 1, 247 feet; thence East parallel to
the South boundary line of said SEl/4NE1/4, 227 feet, more or less, to the East
boundary line of said Section 1; thence South along said East boundary line 247 feet,
more or less, to the point of beginning, together with all improvements and water
6
That there has been no previous judicial determination of the decedent's heirs or the
right of decent of the aforesaid real property interest; that the heirs at law of the
decedent upon the decedent's date of death, and the decree of kinship of each of the
decedent are as follows:
Virginia E. Gardner
Spouse C
Gerrie Gardner
Daughter
Rollin Gardner
Son
Evon Gardner
Daughter
Russell Gardner
Son
Diane Gardner
Daughter
Marcella Wright
Daughter
Reynold Gardner
Son
Rulon Gardner
Son
7. That there are no objections, written or oral, that have been filed with the Court by
any party whomsoever, as to the above captioned case.
Based upon the aforesaid findings of fact, the Court makes the following conclusions of law:
CONCLUSIONS OF LAW
1. That this 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 W. S.2-9-
201, 2-9-202 and 2-9-203 for the relief prayed for in the Petition.
3. That the Petitioner is entitled to the relief as prayed for in the Petition heretofore
filed herein.
4. The real property described herein shall be conveyed to the decedents' heirs at law
as provided for in W.S. 2- 4-101
DECREE
IT IS THEREFORE ORDERED, ADJUDGED and DECREED AS FOLLOWS:
1. That the decedent Reed Hemmert Gardner died on the 1 ` day of April, 2007.
2. That as of the date of death of the decedent he left surviving him as sole heirs of the
law the following:
Virginia E. Gardner
Spouse
Gerrie Gardner
Daughter
Rollin Gardner
Son
Evon Gardner
Daughter
Russell Gardner
Son
Diane Gardner
Daughter
Marcella Wright
Daughter
Reynold Gardner
Son
Rulon Gardner
Son
3. That the following named persons are the present owners of a fee simple interest in
the following described real estate: Section 1, T3 IN, RI 19W, 6th P.M. Lincoln
County, Wyoming, described as follows:
a) Beginning at the East Quarter Corner of said Section 1 and running thence West along
the South boundary line of said SE'/4NE1/4 of Section 1, 227 feet; thence North parallel to the
East boundary line of said Section 1, 247 feet; thence East parallel to the South boundary
line of said SE'/4NE1/4, 227 feet, more or less, to the East boundary line of said Section l;
thence South along said East boundary line 247 feet, more or less, to the point of beginning,
together with all improvements and water rights.
b) Said persons and their respective fractional shares of interest in said real estate is pursuant
to W. S. 2-4-101 as follows:
Virginia E. Gardner, an undivided one-half interest, Gerrie Gardner, an undivided one-
sixteenth interest, Rollin Gardner, an undivided one-sixteenth interest, Evon Gardner, an undivided
one-sixteenth interest, Russell Gardner, an undivided one-sixteenth interest, Diane Gardner, an
undivided one-sixteenth interest, Marcella Wright, an undivided one-sixteenth interest, Reynold
Gardner, an undivided one-sixteenth interest and Rulon Gardner, an undivided one-sixteenth
interest.
DATED this ~ day of October, 2009.
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