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HomeMy WebLinkAbout952315IN THE DISTRICT COURT, THIRD JUDICIAL DISTRICT, IN AND FOR LINCOLN COUNTY, WYOMING KIM J. KRUEGER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MAX L. KRUEGER, deceased, VS. Plaintiff, ALIENE W. KRUEGER, deceased, and all successors, assigns, heirs, devisees and creditors, known and unknown, of the above -named defendant; LA MONTAGNE AND COMPANY, a Colorado Limited Partnership; and KRUEGER AND COMPANY, a Wyoming limited partnership; Defendants. Docket No. PR- 2009 -08 -DC FEB 8 2010 O035 KE. MNFTH D. P.OF.W.RTS L )!S-;'' 3rct MIL; Ir;T LINCOLN COUNTY, STATE OF WYOMING RECEIVED 2/25/2010 at 9:50 AM RECEIVING 952315 BOOK: 743 PAGE: 35 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STIPULATED ORDER QUIETING TITLE IN FAVOR OF CERTAIN DEFENDANTS THE ABOVE ENTITLED MATTER, having come before the Court on the Stipulation of the parties to quiet title in favor of Defendant La Montagne and Company and Defendant Krueger and Company and the Memorandum in Support of Stipulated Order Quieting Title in Favor of Certain Defendants, and the Court having considered said stipulation, and having reviewed the file herein, and being otherwise fully advised in the premises, finds as follows: 1. That the Court has jurisdiction over the subject matter and the parties herein. 2. That Defendants accepted service this matter pursuant to WRCP Rule 4 and filed an answer herein. 3. That on January 11, 1946, William and Margaret Davison granted to Albert R. Mau certain mineral interests located in Lincoln County, Wyoming and more particularly described as follows: An undivided nine and three eighths (9 3/8) royalty interest in and to all oil, gas, and other hydro- carbons which may now or hereafter be discovered or found to be lying and being on, in, Krueger u. Krueger, et al. STIPULATED ORDER QUIETING TITLE IN FAVOR OF CERTAIN DEFENDANTS Page 1 of 5 under and that may be produced from the following described land, to -wit: Township 20 North, Range 115 West Section 6: Lots 1, 2, 3, 4, 5, 6 E1 /2SW1/4, NW1 /4SE1 /4 0.00036 Township 21 North, Range 115 West Section 34: SE1 /4SW1 /4 and that part of the Eastl /2 which lies and is situated South of the Oregon Short Line Railroad also known as the Union Pacific Railroad right of way. 4. That on April 1, 1946, Albert R. Mau executed the Royalty Deed recorded in Book 25 of Deeds on page 473 of the real property records of the Clerk of Lincoln County, Wyoming, granting to Max L. Krueger (hereinafter referred to as the "decedent and Defendant Aliene W. Krueger (hereinafter referred to as "Mrs. Krueger as "joint tenants but with sole rights of survivorship" an undivided one -half interest, or four and eleven- sixteenths (4 11/16), in the royalty the Davisons granted to Mr. Mau in said January 11, 1946 conveyance (hereinafter referred to as the "property interest 5. That the decedent and Mrs. Krueger were husband and wife on April 1, 1946 and remained husband and wife until the death of the decedent. 6. That on or about July 23, 1958, the decedent and Mrs. Krueger, Albert and Marguerite K. Mau, and William and Margaret Davison entered into an Agreement and Stipulation recorded in Book 30PR on page 250 of the real property records of the Clerk of Lincoln County, Wyoming which purported to be "for the purpose of clarifying the ownership of the oil and gas with respect to" the property interest. 7. That said Agreement and Stipulation stated, in part, as follows: NOW, THEREFORE, in consideration of the premises and for the purpose of clarifying the ownership of the oil and gas with respect to the above described lands the parties hereto do hereby agree that the oil, gas and other hydrocarbons in, under and that may be produced from the above described lands are owned as follows: Max L. Krueger and Aliene W. Krueger, his wife, as tenants in common an undivided 37 1/2% 8. That said Agreement and Stipulation was not a conveyance and did not change ownership of the decedent and Mrs. Krueger in the property Krueger u. Krueger, et al. STIPULATED ORDER QUIETING TITLE IN FAVOR OF CERTAIN DEFENDANTS Page 2 of 5 C.; interest from joint tenants with rights of survivorship to tenants in common. 9. That on July 13, 1980, the decedent passed away. 10. That on the moment of the death of the decedent, Mrs. Krueger became the owner of the entire property interest by operation of law as the surviving joint owner. 11. That on or about May 11, 1981, Mrs. Krueger executed a Quitclaim Deed to Defendants La Montagne and Company and Krueger and Company, conveying any and all right, title interest, claim and demand in real property, mineral interests, and royalty and overriding royalty rights which Mrs. Krueger had in the property interest. 12. That on February 3, 1998, Mrs. Krueger passed away. 13. That said Quitclaim Deed conveyed all of the property interest to Defendants La Montagne and Company and Krueger and Company; and thus these Defendants are the owners of the property interest. 14. That claims of Plaintiff are without any right whatsoever, and Plaintiff has no estate, right, title or interest whatsoever in the property interest or any part thereof. 15. That the remaining Defendants have no estate, right, title or interest whatsoever in the property interest or any part thereof. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Defendants La Montagne and Company and Krueger and Company are the owners and are entitled to the possession of the property interest situates in the County of Lincoln and State of Wyoming and more particularly described as follows: An undivided one -half interest of an undivided nine and three eighths (9 3/8), or four and eleven sixteenths (4 11/16), royalty interest in and to all oil, gas, and other hydro- carbons which may now or hereafter be discovered or found to be lying and being on, in, under and that may be produced from the following described land, to -wit: Township 20 North, Range 115 West Section 6: Lots 1, 2, 3, 4, 5, 6 E1 /2SW1 /4, NW1 /4SE1 /4 Krueger v. Krueger, et al. STIPULATED ORDER QUIETING TITLE IN FAVOR OF CERTAIN DEFENDANTS Page 3 of 5 Township 21 North, Range 115 West C-0038 Section 34: SE1 /4SW1 /4 and that part of the East1 /2 which lies and is situated South of the Oregon Short Line Railroad also known as the Union Pacific Railroad right of way. That the claims of Plaintiff and all who claim title under them in and to the property interest and any claims of the remaining Defendants and all who claim title under them in and to the property interest, are without any right whatever, and that said Plaintiff and remaining Defendants have no right, title, interest, claim or estate whatsoever in or upon said real property interest or any part thereof; and that the title to the above described real property interest is now quieted in the Defendants La Montagne and Company and Krueger and Company, their successors and assigns against Plaintiff and the remaining Defendants, and each of them both known and unknown, their heirs, executors, administrators, successors or assigns; and that all heirs, devisees or legatees of any of the above -named Plaintiff and the remaining Defendants who may be deceased, and all bondholders, lienholders and all unknown claimants, and they are hereby enjoined and barred from asserting any right, title or interest in, or claim or lien upon, said real property interest, or any part thereof. Order as an enforceable O ..cam of this Court. Dated thisday o So stipulated: FOR PLAINTIFF: D'.trict Court 2010. S Y or L C Cw.P SS. r of the Third and foresaid fore.said, do obeafull, ger t lice e r .,;v: s 0 j _io resentative of the Estate of Max L. Kr e visee of Estate of Max L. Krueger _r 0 Co- Trustee and ultimate beneficiary of the Max L. Krueger Trust dated November 27, 1974 Kirsten K. LaMontagne Heir and devisee of Estate of Max L. Krueger Co- Trustee and ultimate beneficiary of the Max L. Krueger Trust dated November 27, 1974 Krueger u. Krueger, et all. STIPULATED ORDER QUIETING TITLE IN FAVOR OF CERTAIN DEFENDANTS Page 4 of 5 Township 21 North, Range 115 West Section 34: SE1 /4SW1/4 and that part of the Eastl /2 which lies and is situated South of the Oregon Short Line Railroad also known as the Union Pacific Railroad right of way. That the claims of Plaintiff and all who claim title under them in and to the property interest and any claims of the remaining Defendants and all who claim title under them in and to the property interest, are without any right whatever, and that said Plaintiff and remaining Defendants have no right, title, interest, claim or estate whatsoever in or upon said real property interest or any part thereof; and that the title to the above described real property interest is now quieted in the Defendants La Montagne and Company and Krueger and Company, their successors and assigns against Plaintiff and the remaining Defendants, and each of them both known and unknown, their heirs, executors, administrators, successors or assigns; and that all heirs, devisees or legatees of any of the above -named Plaintiff and the remaining Defendants who may be deceased, and all bondholders, lienholders and all unknown claimants, and they are hereby enjoined and barred from asserting any right, title or interest in, or claim or lien upon, said real property interest, or any part thereof. Order as an enforceable Order of this Court. Dated this day of 2010. So stipulated: FOR PLAINTIFF: District Court Judge Kim J. Krueger Personal Representative of the Estate of Max L. Krueger Heir and devisee of Estate of Max L. Krueger Co- Trustee and ultimate beneficiary of the Max L. Krueger Trust dated November 27, 1974 Kirsten K. LaMontagne Heir and devisee of Estate of Max L. Krueger Co- Trustee and ultimate beneficiary of the Max L. Krueger Trust dated November 27, 1974 Krueger u. Krueger, et al. STIPULATED ORDER QUIETING TITLE IN FAVOR OF CERTAIN DEFENDANTS Page 4 of 5 FOR DEFENDANTS: l:r g.: 41 ,Kr •kger I e and Co Executor, Estate of Aliene W. Krueger II c r Trustee of the Aliene W. Krueger Trust Partner, Krueger and Company Kirsten K. La Montagne Heir, Devisee, and Co- Executor, Estate of Aliene W. Krueger Co- Successor Trustee of the Aliene W. Krueger Trust Partner, LaMontagne and Company Approved as to form and conte tf, "Ai elly Nevil' ec ttorney --o�r Plaintiffs CERTIFIED COPIES TO: Kelly Neville Heck Kim J. Krueger, 929 West Mission Twin Buttes Rd., Green Valley, AZ 85622 Kirsten K. LaMontagne, 1488 S. Washington, Denver, CO 80210 Krueger v. Krueger, et al. STIPULATED ORDER QUIETING TITLE IN FAVOR OF CERTAIN DEFENDANTS Page 5 of 5 FOR DEFENDANTS: Kim J. Krueger Heir, Devisee, and Co- Executor, Estate of Aliene W. Krueger Co- Successor Trustee of the Aliene W. Krueger Trust Partner, Krueger and Company `-UL k Th Kirsten K. La Montagne Heir, Devisee, and Co- Executor, Estate of Aliene W. Krueger Co- Successor Trustee of the Aliene W. Krueger Trust Partner, LaMontagne and Company Approved as to form and content: Kelly Neville Heck Attorney for Plaintiffs Krueger u. Krueger, et al. STIPULATED ORDER QUIETING TITLE IN FAVOR OF CERTAIN DEFENDANTS Page 5 of 5 C•0)041 CERTIFIED COPIES TO: Kelly Neville Heck Kim J. Krueger, 929 West Mission Twin Buttes Rd., Green Valley, AZ 85622 Kirsten K. LaMontagne, 1488 S. Washington, Denver, CO 80210