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HomeMy WebLinkAbout876970 IN THE DISTRICT COURT IN AND FOR~SUBLETTE COUNTY,WYOMING'' ,:. 'L, IN THE MATTER OF THE ESTATE OF ) !!:,'..lsl~./,I ':'-~ ) --' '"'"'" 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: