HomeMy WebLinkAbout876970 IN THE DISTRICT COURT IN AND FOR~SUBLETTE COUNTY,WYOMING'' ,:.
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IN THE MATTER OF THE ESTATE OF ) !!:,'..lsl~./,I ':'-~
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MARIE McGINNIS GRAVES, ). Probate No. 1737 8EP
also known as MARIE M. GRAVES, ) . ,
Deceased. ) MARILYN'~.
ORDER ADO.T FO.EICN .RO AT .ROCEEDIN e
.AND DECREE OF' DISTRIBUTION '/
This m~tter came on for he,ring before this Cou~ ~pon the PetitiOn for Admission of
Foreign Probate Proceedings, pursuant ~o W.S. ~2-11-201, filed by KATHRYN CATALANO,
Personal Represent~tiv~ of the Estme of MARIE McGINNIS GRAVES, deceased, ~nd the Court
having considered the Petition ~nd now being duly and fully advised in the premises finds:
1.
MARIE McGINNIS GRAVES died in the city of Greenwood Village, Colorsdo, on
A~gust 8, lggg, ~ resident of the Stme of Color,do.
2.
The L~st Will and Test~mem of the Decedem was d~ly admi~ed to probate on August
26, lggg, File No. ggPR776, Division 5, in the District Court in ~nd for Arapahoe Co,my,
Colorado. The following documents from the court of primary ]urisdictien were filed in these
probme proceedings:
A copy of the Informal Probate of Will ~nd InformsI Appointment of Personal
RepresenLative;
b. An authenticated copy of the Last Will and Testament of MARIE McGINNIS
GRAVES;
' c. An authenticated copy of Letters Testamentary issued to Kathryn Catalano; and
d. A copy of the Inventory.
3.
The court having reviewed the file herein and being duly advised in the premises,
FINDS that this Court has jurisdiction over the proceedings, that no objections have been fi led
of record after proper publication of the Notice of Probate, and that the Petition for Admission
of Foreign Probate Proceedings should be granted.
The Court further finds that the names, relationships and residences of the distributees
named in the Decedent's Will, are:
Name Address Relationship
Kenneth S. Graves (Deceased 12/19/1997) Husband
Kathryn Catalano 7085 S. Harrison St. Littleton, CO 80122 Niece
Glenn M. Graves (Deceased - 9/1997) Stepson
Holly K. Graves Stepdaughter
%Dominic Amadio 100 34th Street N. St. Petersburg, FL 33713
Christina Neu 2393 W. Parkhill Ave. Littleton, CO 80120 Grandniece
Alice Schaffer (Deceased - 8/5/1997) Sister
First Plymouth
Foundation % John W. Low, president, Specific Devisee
Sherma, n & Howard, LLC
633 17th St., Ste 3000 Denver, CO 80202
Colorado H u mane Specific Devisee
Society 2760 S. Platte Dr. Englewood, .CO 80110
The Court further finds that of those devisees who predeceased the Decedent, following
is a list. of their descendants' names, addresses and relationships:
Predecessor Descendent Address Relationship
Alice Schaffer: Richard Schaffer . (Deceased) Son
Lorraine McWilliams (Deceased) Daughter
Richard Schaffer: Mike Schaffer P.O. Box 344 Son
Big Piney, WY 83113
Shawn BrYan 3201 West 2nd Avenue Daughter
RoKennewick, WA 99336
Lorraine Schaffer
McWilliams: Kenneth McWilliams 2804 E. Lexington Court Son
Gilbert, AZ 85234
Glenn Graves: Jennifer Sertl 45 Knickerbacker Rd. Daughter
Pittsford, NY 14534
Page 2'of 4
544
Christopher Graves 1884 Big Flat Rd. Son
Missoula, MT 59804
Nichole Graves 1884 Big Flat Rd. Daughter
Missou[a, MT 59804
The Court further finds that the devisees of the mineral interests subject to probate in
Wyoming should be distributed, pursuant to Section 3 of the Last Will and Testament of the
Decedent, to the following devisees in the following percentages:
Kathryn Catalano Fifty percent (50%)
Kenneth McWilliams Twenty-five percent (2-.5%)
Mike Schaffer Twelve and one-half percent (12.5%)
Shawn Bryan TwelVe and one-half percent (12.5%)
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows:
1. The certified copies of the proceedings in the Estate of MARIE McGINNIS
GRAVES, deceased, had and conducted in the District Court in and for Arapaho County,
Colorado, on file herein be and the same hereby are, admitted to record in this Court.
2. Probate of MARIE McGINNIS GRAVES' estate in the State of Wyoming is
hereby dispensed with, and the certified copies of the foreign prObate proceedings shall, from
this date forward, be considered and treated as original proceedings in this Court, and. shall
be conclusive evidence of the the facts therein shown.
3. The Decedent's interests' located in Sublette and Lincoln Counties, Wyoming,
as described more fully in the Se(~ond Amended and Restated Report of Appraisal filed of
record with this Court, together with any after-discovered property described under Section
3 of the Last Will and Testament of the Decedent hereby are distributed and set over Unto the
deVisees of Marie McGinnis Graves, deceased, 'under the terms of her Last Will and
Testament, as follows:
K,athryn Catalano Fifty percent (50%)
Kenneth McWilliams Twenty-five percent (25%)
Mike Schaffer Twelve and one-half percent (12.5%)
Shawn Bryan Twelve and one-half percent (12.5%)
Page 3 of 4
4. This Order Adopting Probate Proceedings shall be recorded by the appropriate
County Clerks, thus setting aside the interests as described herein to the devisees named in
MARIE McGINNI$ GRAVES' Last Will and Testament.
DONE in open court this ~?,'~ d'~'ay of -.~'~"'~ ,2001.
THE 8TAI'~ OF WYOMNO
COUNTY OF 8UBLETTE
MARILYN M, JIENSEN Ct.E~ OF THE NINTH JU[)ICAI.
DISTRICT COURT WITHIN ,ll~l) FOR SAID ('~i)NTY t\i~,) IN
THE STATE AFORESY,J~ji~I'JO HEREBY,~.~RliF¥ THE
FOREGOIN_.~,;I;O BE A F~l[,.i-[' R~ND,~,II~IPL~TE ~
Page 4 of 4
IN THE DISTRICT COURT IN AND FOR SUBLETTE COUNTY, WYOMING
IN THE MATTER OF THE ESTATE OF )) FILEJJ~
MARIE McGINNI$ GRAVES, ) Probate No. 1737
also known as MARIE M. GRAVES, ) AUG 5 2001
Deceased. )
· [./I~RILYI'i/I~. J EN S
I, KATHRYN CATA, LANO, Personal Representative of the Estate of MARIE(,~GINNIS
GRAVES, being first duty sworn upon oath, do depose and say:
1.
KATHRYN CATALANO was-duly appointed and qualified as Personal Representative of~ihe
Estate of MARIE McGINNIS GRAVES. Letters Testamentary were issued to her by the Arapahoe
County District Court, State of Colorado, on AuguSt 26, 1999, which Letters are in full force and effect
in Wyoming by Order Admitting Foreign Probate Proceeding, which was filed on June 1, 2000.
2.
It has com~e to the attention of the Personal Representative that certain mineral interests in
Lincoln County, Wyoming were owned by the Decedent at ihe time of her death. These minerals
are more particularly described as:
Township 26 North, Range 113 West, 6t.h .P.M., Lincoln County, Wyoming
Section26: Lot 6 and LotT, containing 61.15 acres more or less.
As a result, the Report of Appraisal and Amended and Restated Rep6rt of Appraisal are
· amended in order to add the above-described property, and to restate the appraisal of the mineral
· interests held by the Decedent at the time of her death.
This Second Amended and Restated Report of Appraisal contains a true statement of all of the
Estate of fhe Decedent subject to probate in Wyoming which'has come to the knowledge and
possession of the undersigned. There are no Wyoming assets listed in the inventory which have a
readily determinable market value. As to Wyoming assets listed in the inventory that do not have a
readily determinable market value, an appraiser has been employed by the Personal Representative
to determine the value of the mineral interests in the [state (a copy of the appraisal letter is attached
as [xhibit t3), and those assets and the values placed thereon by the appraiser, are as follows, to-wit:
Mineral Interests (see Exhibit'"A" for legal description)
Value of Figure Four Unit, McDonald Draw Unit,
BNG & C Wells (see Exhibit "B" page 3) $ 2,500.00
Value of Tip .Top Unit B Wells (see Exhibit 'B" page 3) 7,000.00
Value of Craig's Draw I Wells (see Exhibit "B" page 3) 3,750.00
Value of T26N, R113W, Lots 6 & 7, Lincoln County 61.15
(See Exhibit "C")
Total Value of Mineral Interests 13,311.15
Total Appraisement under W. S. §2-7-404(a)(ii) $ 13,311.15
Summary:
Total Appraisement under W.S. §2-7-404(a)(i) $ 0
Total Appraisement under W. S. § 2-7-404(a)(ii) 13,311.15
Total Report of Amended and Restated Appraisal $ ~ 3,311.15
DATED this y of August, 2001.
Personal Representative
Darlene L. Reiter, Attorney.for
Personal Representative
934 North Main Street
She.~idah, Wyoming 82801
(307) 673-4888
2
STATE OF COLORADO )
~ ) SS
County of ~¥. ~.~.~,~% )
I, KATHRYN CATALANO, being first duly sworn upoa oath, do depose and say: I am the
Personal Representative; I have read ~he foregoing Amended and Restated Report of Appraisal, know
and understand its contents, and believe them to be true.
Subscribed and sworn to before me this ~ day of August, 2001, by Kathryn' Catalano,
Personal Representative.
Notary P~l~lic ' -
My Commission Expires: