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HomeMy WebLinkAbout952705M. Kevin Voyles, 6 -2603 LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 STATE OF WYOMING SS. COUNTY OF LINCOLN hereto. RECEIVED 3/29/2010 at 12:08 PM RECEIVING 952705 BOOK: 744 PAGE: 563 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF BEVERLY COOK OOtF563 COMES NOW James B. Astle, after being sworn and under oath, hereby stating pursuant to Wyoming Statutes 2 -1 -201, which authorizes Affidavits of Distribution, as follows: 1. That Beverly Cook, a resident of Bedford, Wyoming, died on February 3, 2010 in Bedford, Wyoming. An official copy of the Certificate of Death of Beverly Cook is attached 2. That Beverly Cook died testate. A copy of her Last Will and Testament, dated June 12, 2008 is attached hereto. The original document has been filed with the District Court of Lincoln County, Wyoming, for probate without administration pursuant to Wyoming Statutes 2 -6 -122. 3. That the Last Will and Testament of Beverly Cook complies with the requirements of Wyoming Statutes 2 -6 -114 and is therefore, a self proving will. As provided in Wyoming Statutes 2 -6 -204, such a will can be probated without further proof. AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF BEVERLY COOK PAGE 1 OF 4 Executor. OO 564 4. That the Last Will and Testament of Beverly Cook names Donna L. Astle as 5. That Donna L. Astle died on March 4, 2009. An official copy of the Certificate of Death of Donna L. Astle is attached hereto. 6. That the Last Will and Testament of Beverly Cook provides if Donna L Astle is deceased, then I, James B. Astle, shall become Executor. 7. That the Last Will and Testament of Beverly Cook names Donna L. Astle, deceased, as sole beneficiary of her estate. 8. That the Last Will and Testament of Beverly Cook provides if Donna L. Astle is deceased, then I, James B. Astle, become sole beneficiary of her estate. hereby state: 9. That, in accordance with the requirement of Wyoming Statutes 2- 1- 201(a), I a. That the value of the entire estate of Beverly Cook, wherever located, less liens and encumbrances, does not exceed One Hundred Fifty Thousand Dollars ($150,000.00). b. That Thirty (30) days have elapsed since the death of Beverly Cook. c. That no application for appointment of a personal representative is pending or has been granted in any jurisdiction. Wyoming Statutes 2- 6- 122(c) provides AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF BEVERLY COOK PAGE 2 OF 4 000565 that no personal representative is appointed when an estate, as in this case, is probated without administration. d. That pursuant to the Last Will and Testament of Beverly Cook, I am the sole person entitled to the assets of her estate. There are no other persons having a right to said assets under probate proceedings. 10. That Wyoming Statutes 2 -6 -123 authorizes the filing of an Affidavit of Distribution pursuant to Wyoming Statutes §2 -1 -201 simultaneously with the filing of a probate without administration pursuant to Wyoming Statutes 2 -6 -122. 11. That I, James B. Astle, as sole beneficiary of the estate of Beverly Cook, hereby request that any and all assets belonging to Beverly Cook be transferred to and /or paid over to me in my name at the following address: James B. Astle c/o M. Kevin Voyles LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820. 12. That Wyoming Statues 2 -1 -202 provides that when an Affidavit of Distribution is filed with the Lincoln County Clerk, in Lincoln County, Wyoming, and a certified copy is presented, a person or entity holding assets can transfer and/or pay over to the Affiant the assets as requested, the same as if dealing with a personal representative of the estate. Said person making payment "is not required to see to the application of the property or evidence thereof or to inquire into the truth of any statement in the affidavit." AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF BEVERLY COOK PAGE 3 OF 4 DATED this 21 of March, 2010. ON THIS, the Ar6 day of March, 2010, James B. Astle, Affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of Distribution are, to the best of his knowledge, information, and belief, true and complete. WITNESS my hand and official seal. M. KEVIN VOYLES NOTARY PUBLIC 3 COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES JULY 16, 2011 My Commission expires: 07 I ASTLE AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF BEVERLY COOK PAGE 4 OF 4 aaS`- 000566 CERTIFICATION OF VITAL RECORD Manner of Death: Natural Death Certifier: Type: Physician Name: Donald J. Kirk, M.D. Other Significant Diabetes .Hypertension COPD Conditions: DEPARTMENT OF HEALTH CERTIFICATE OF DEATH State File Number: Decedent: Narne: Beverly Cook Gender: Female Date of Birth: April 15, 1930 Date and Place of Death: Date of Death: February 03, 2010 City of Death: Bedford Location: 3224 County Road 122 Additional Decedent Information: Place of Birth: Ogden, Utah Residence: Bedford, Wyoming Marital Status: Widowed Armed Forces: No Name of Father: Boyd Donaldson Rowan Name of Mother: Agnes May Davis. Informant: .James Astle Relationship: Disposition: 1 Method of Disposition: Burial Place of Disposition: Bedfor fi Cemetery, Bedford, Wyoming Funeral Home or. Facility: Facility: Schwab, Mortuary, Afton, Wyoming Cause of Death: The immediate cause is listed on the first fine followed by any underlying causes. Interval: (a) Coronary Artery Disease Address: 122 Petersen Pkwy; Suite `4, Thayne, Wyoming 83127 Date Filed: February 1 0, 2010 tt) I 445410 This is a true certification of the document on file in the office of Vital Records Services, Cheyenne Wyoming. fJ t; 5 DATE ISSUED: Thursday, February 11, 2010 G. This copy is not valid unless prepared on paper with an engraved border Social. Security Number: Age at the Time of Death: 79 years Time of Death: 10:30 (Actual) Gladys K. Breeden Deputy State Registrar 2010- 000310 Lincoln Brother -in -law LAST WILL AND TESTAMENT OF BEVERLY COOK I, BEVERLY COOK, of Bedford, County of Lincoln, State of Wyoming, being of sound and disposing mind and memory and being in reasonably good health, but mindful of the uncertainties of life, hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all previous wills and codicils heretofore made by me. LAST WILL AND TESTAMENT OF BEVERLY COOK PAGE 1 OF 4 00i: 568 FIRST: I direct that all my just debts and obligations, including my funeral expenses, the expenses of my last illness, and the expenses of the administration of my estate, be paid by my Executor, hereinafter named, as soon as is reasonably possible. SECOND: If permitted under the laws of Wyoming, I give any and all of my tangible personal property (including but not limited to, jewelry, clothing, household furniture, furnishings and fixtures, chinaware, silver, photographs, works of art, books, boats, automobiles, all artifacts relating to my hobbies, and all other articles of household or personal use) that I list on a written, signed, and dated memorandum that may be left by me, in accordance the distributions specified therein. Should I leave multiple written memorandums which conflict as to the disposition of any item of my tangible personal property, then that memorandum which is dated last shall control as to any items which may be in conflict. THIRD: All of the remainder of my estate, be it real, personal or mixed property, 000569 wherever situate, I give, devise, and bequeath to DONNA L. ASTLE, my sister, of Bedford, Wyoming, specifically omitting any gift, devise, or bequest to BETTY M. BAXTER, also my sister, of Eldorado Hills, California. If DONNA M. ASTLE is no longer living, I give, devise and bequeath all of my property to JAMES B. ASTLE, my brother -in -law, of Bedford, Wyoming, if he is living, or if he is no longer living, to KEVIN B. ASTLE, my nephew, of Bedford, Wyoming. FOURTH: I hereby appoint DONNA L. ASTLE, my sister, of Bedford, Wyoming, as Executor of this my Last Will and Testament and I direct that the said Executor shall not be required to give any bond or other surety in connection with qualifying or acting in this capacity. In the event that she fails to survive me, or if she is unable or unwilling to serve, then I nominate, constitute and appoint JAMES B. ASTLE or KEVIN B. ASTLE, in that order, as Executor of this my Last Will and Testament and I direct that the said Executor shall not be required to give any bond or other surety in connection with qualifying or acting in this capacity. FIFTH: I hereby give my Executor appointed herein, in addition to and not in limitation of their statutory and common law powers, the following powers: a. To settle and compound any claims either in favor of or against my estate, to execute all proper and necessary conveyances, and to give full receipts and discharges; b. In general, to do and to perform all acts and things whatsoever the Executor could do and perform if she were the absolute owner thereof. No Executor shall be liable for the acts, omissions, or defaults of any agent appointed with due care, no Executor shall be liable for the LAST WILL AND TESTAMENT OF BEVERLY COOK PAGE 2 OF 4 failure to contest the accounts' of any preceding Executor, and no Executor shall be liable for the failure to redress a breach of fo. whole or ariy•pvrtial ©f inral"or pefsonal, LAST WILL AND TESTAMENT OF BEVERLY COOK PAGE 3 OF 4 0104.57® B ERLY/ OK c. To' 'sell canveY; excharfge, transfer, assign, mortgage, pledge, invest, or reinvest the IN WITNESS WHEREOF, I, BEVERLY COOK, have hereunto set my hand to this my Last Will and Testament, typewritten on ,spur (4) pages, including the attestation clause and signature of witnesses, this =12th, day of June, 20.0.8. I, BEVERLY COOK, the Testatrix, sign my name to this instrument this 12th day of June, 2008, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament; that I sign it willingly; that I execute it as my free and voluntary act for the purposes therein expressed; and that I am an adult person, of sound mind, and under no constraint or undue influence. We, J,ZCk 0 WMO 5 and el/X/5 q'LL/2c the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to 00657i the undersigned authority that the Testatrix signed and executed this instrument as her Last Will and Testament; that she signed it willingly; that she executed it as her free and voluntary act for the purposes therein expressed; that each of us, in the presence and hearing of the Testatrix, hereby sign this as witnesses to the Testatrix's signature; and that, to the best of our knowledge, the Testatrix is an adult person, of sound mind, and under no constraint or undue influence. W ITNESS a6;46 i WITNESS RESIDING AT STATE OF WYOMING SS. COUNTY OF LINCOLN SUBSCRIBED AND SWORN TO before me by BEVERLY COOK, the Testatrix, and by ..TACK 0. Vw*4 -re2S and C *(s 4 -1.202P witnesses, this 12th day of June, 2008. WITNESS my hand and official seal. M. KEVIN VOYLES NOTARY PUBLIC COUNTY OF STATE OF LINCOLN i! n'i WYOMING MY COMMISSION EXPIRES JULY 16, 2011 !b My Commission expires: 67 11 I/L Gr/Y RESIDING AT LAST WILL AND TESTAMENT OF BEVERLY COOK PAGE 4 OF 4 Decedent: Name: Gender: Date of Birth: STATE OF WYOMING DEPARTMENT OF HEALTH DEATH CERTIFICATE e Donna Lee Astle Female December 06, 1947 Date and Place of Death: Date of Death: March 04, 2009 Actual City of Death: Bedford Location: Decedent's home State File Number: 2009-000578 Social Security Number: Age at the Time of Death: 61 years COUptylpf Death: Lincoln. Additional Decedent Place of Birth: Ogden, Utah, Residence: Bedford, Wyoming Marital Status: Married Name of Surviving Spouse: James B. Astle Armed Forces: NO Name of Father: Boyd Donaldson Rowan Maiden Name of Mother: Agnes May Davis Informant: James B. Astle Relatioriship Husband Disposition: Method of Disposition: Burial Place of Disposition: Bedford Cemetery, Bedford, VVyoming Funeral Home or Facility: Facility Schwab Mortuary Aftorl Wyonling Cause of Death: The immediate cause is listed on the first line followed by any urrderlying causes. (a) Malignant Melanoma Other Significant Conditions: Not Recorded Manner of Death: Natural Death Time of Death 19:27 Actual Certifier: Name Allen D. Carter, M.D. Address: 110 Hospital Lh, Afton, WyOrtiing Date Filed: March 09, 2009 This is a true certification of the document on file in the office of Vital t Records Services, Cheyenne, Wyoming. DATE ISSUED: March 17, 2009 c- copy is not valid unless prepared on paper with an engraved border. 4.* Gladys K. Breeden Deputy State Registrar Interval: Not Recorded mar CERTIFICATIO ITAL RECORD q 'VP 1 fr