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HomeMy WebLinkAbout960309AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF NAOMI G. JOHNSON PURSUANT TO WYOMING STATUTES 2 -1 -201 STATE OF WYOMING SS. COUNTY OF LINCOLN RECEIVED 8/1/2011 at 11:35 AM RECEIVING 960309 BOOK: 770 PAGE: 237 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY COME NOW Tory T. Johnson, Lori L. Smith, and Farrell Kipp Johnson, after being sworn and under oath, hereby stating pursuant to Wyoming Statutes 2 -1 -201, which authorizes Affidavits of Distribution, as follows: 1. That Naomi G. Johnson, a resident of Afton, Wyoming, died on June 19, 2011. An official copy of the Certificate of Death of Naomi G. Johnson is attached hereto. 2. That Naomi G. Johnson died testate. A copy of her Last Will and Testament, dated June 16, 2011 is attached hereto. 3. That the Last Will and Testament of Naomi G. Johnson complies with the requirements of Wyoming Statutes 2 -6 -114 and is therefore, a self proving will. hereby state: 00023 4. That the Last Will and Testament of Naomi G. Johnson names her living children, Tory T. Johnson, Lori L. Smith, and Farrell Kipp Johnson, as the beneficiaries of her estate. 5. That, in accordance with the requirement of Wyoming Statutes 2- 1- 201(a), I AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF NAOMI G. JOHNSON PURSUANT TO WYOMING STATUTES 2 -1 -201 PAGE 1 OF 4 OOO23 J a. That the value of the entire estate of Naomi G. Johnson, wherever located, less liens and encumbrances, does not exceed Two Hundred Thousand Dollars ($200,000.00). b. That Thirty (30) days have elapsed since the death of Naomi G. Johnson. c. That no application for appointment of a Personal Representative is pending or has been granted in any jurisdiction. d. That pursuant to the Last Will and Testament of Naomi G. Johnson, we are the beneficiaries of her Estate. There are no other persons or entities having a right to said assets under probate proceedings. 6. That as beneficiaries of the Estate of Naomi G. Johnson, we hereby request that the following assets belonging to Naomi G. Johnson be transferred as follows: a. a 1958 Layco Trailer, VIN No. 58T8, currently titled in the name of Naomi G. Johnson, be hereafter titled in the name of "Kipp Johnson P.O. Box 1221 Afton, Wyoming 83110; b. a 1959 Ford Pickup, VIN No. F10C9R23617, currently titled in the name of Naomi G. Johnson, be hereafter titled in the name of "Kipp Johnson P.O. Box 1221, Afton, Wyoming 83110; AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF NAOMI G. JOHNSON PURSUANT TO WYOMING STATUTES 2 -1 -201 PAGE 2 OF 4 000239 c. a 1976 Chevrolet Pickup, VIN No. TKU146F705613, currently titled in the name of Naomi Johnson, be hereafter titled in the name of "Tory T. Johnson P.O. Box 871, Afton, Wyoming 83110; d. a 1980 Homemade Flatbed, VIN No. S23821 W, currently titled in the name of Naomi G. Johnson, be hereafter titled in the name of "Tory T. Johnson P.O. Box 871, Afton, Wyoming 83110; e. a 1983 Chevrolet Utility, VIN No. 1G8CT18B3D8144739, currently titled in the name of Naomi G. Johnson, be hereafter titled in the name of "Christina Stoker P.O. Box 543, Afton, Wyoming 83110; f. a 2000 Fleet Camp Trailer, VIN No. lED5B2521Y2470324, currently titled in the name of Naomi Johnson, be hereafter titled in the name of "Kipp Johnson P.O. Box 1221, Afton, Wyoming 83110; and DATED this 284 day of July, 2011. -7;, 1 53 14415 rm TORY T. JOHNSON Lo t' 5n/i 5 LORI L. SMITH AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF NAOMI G. JOHNSON PURSUANT TO WYOMING STATUTES 2 -1 -201 PAGE 3 OF 4 000240 ON THIS, the 28 day of July, 2011, Tory T. Johnson, Lori L. Smith, and Farrell Kipp Johnson, affiants 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 their knowledge, information, and belief, true and complete. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC Linco of ln Wyom n 9 My Commission Expires: July 16, 2015 My Commission expires: 07 b// AFFIDAVIT OF DISTRIBUTION FOR THE ESTATE OF NAOMI G. JOHNSON PURSUANT TO WYOMING STATUTES 2 -1 -201 PAGE 4 OF 4 f bate and Place of Death Date of Death: City of Death: Location: Additional Decedent Infor Place of Birth: Residence: Marital Status: Armed Forces: Name of Father: Name of Mother: Informant: Disposition: Method of Disposition: Place of Disposition: Funeral Horne or'Facili Facility: Cause of Death: The immediate cause is listed: on the first line followed by anyunderlying causes. (a) Adenocarcinoma (b) Chronic obstructive pulmonary disease (c) Renal failure (d) Pneumonia Other Significant Conditions: Manner of Death: Natural Death Certifier: Type: Name: Address: Date Filed: DEPARTMENT OF HEALTH CERTIFICATE OF D State File Number: Naomi Gaye Johnson Female Soc)al Security Number January 16, 1939 Age at the Time of Death: June 19, 550 North 1st-West St mation• Osmond, Wyoming Auburn;: Wyoming Widowed No Albert Taylor LaVivianCia aJensen Kipp Johnson Burial Auburn Cemetery Auburn Wyoming`, Schwab Mortuary Aftor. Wyoming Physician Christian M. Morgan, M.D. 110 Hospital Lane, PO Box 579, Afton Wyoming, 83110 July 01, 2011 53543' This is a true certification of the document on file in the office of Vital 0 Statistics Services, Cheyenne, Wyoming, G DATE ISSUED: Tuesday, July 05, 2011 IG This copy is not valid unless preparCd on paper with an engraved border 4 1i 4 CERTIFICATION OF VITAL RECORD' Coup Relations Gladys K. Breeden Deputy State Registrar 2011 001912 Lincoln Interval: months years weeks weeks 01:20 (Actual) 4 a` t ki�il LAST WILL AND TESTAMENT OF NAOMI G. JOHNSON 000242 I, NAOMI G. JOHNSON, of Auburn, 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. 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, wherever situate, I give, devise, and bequeath as follows: LAST WILL AND TESTAMENT OF NAOMI G. JOHNSON PAGE 1 OF 4 000243 a. To my son, TORY T. JOHNSON, I give the property in Auburn, Wyoming, described as follows: Commencing at the Northwest Corner of Lot No. 2 in Block No. 9 of the Town of Auburn, Wyoming, and running thence East 20 rods, thence South 16 rods, thence West 20 rods, thence North 16 rods to the place of beginning, containing 2 acres, more or less. Including and together with all and singular appurtenances, and improvements thereon or thereunto belonging, but subject to taxes, assessments, covenants, conditions, restrictions, reservations, encroachments, rights -of -way, and easements of sight and /or of record. b. To my living children, TORY T. JOHNSON, LORI L. SMITH, and FARRELL KIPP JOHNSON, I bequeath the remainder of my property, per stirpes, and not per capita. I ask that in their discretion, they give some of my personal property to the heirs of GINA JOHNSON BREWER, a child who predeceased me. FOURTH: I hereby appoint my son, TORY T. JOHNSON, of Auburn, 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 he fails to survive me, or if he is unable or unwilling to serve, then I nominate, constitute and appoint my daughter, LORI L. SMITH, Grover, 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. 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; LAST WILL AND TESTAMENT OF NAOMI G. JOHNSON PAGE 2 OF 4 000244 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 failure to contest the accounts of any preceding Executor, and no Executor shall be liable for the failure to redress a breach of trust; and c. To sell, convey, exchange, transfer, assign, mortgage, pledge, invest, or reinvest the whole or any portion of my real or personal estate. IN WITNESS WHEREOF, I, NAOMI G. JOHNSON, have hereunto set my hand to this my Last Will and Testament, typewritten on (4) pages, including the attestation clause and signature of witnesses, this 1 day of June, 2011. LAST WILL AND TESTAMENT OF NAOMI G. JOHNSON PAGE 3 OF 4 NAOMI G. JOHNSON I, NAOMI G. JOHNSON, the Testatrix, sign my name to this instrument this /VI day of June, 2011, 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. NAOMI G. JOHNSON the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to 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. WITNESS V WITNESS We, ekvv3 STATE OF WYOMING SS. COUNTY OF LINCOLN SUBSCRIBED AND SWORN TO before me by NAOMI G. JOHNSON, the Testatrix, and by C hr�S rizA day of June, 2011. WITNESS my hand and official seal. M. KEVIN VOYLES NOTARY PUBLIC COUNTY OF .fj' STATE OF LINCOLN f' WYOMING MY COMMISSION EXPIRES JULY 16, 2011 My Commission expires: 07114. IJii and and V1 eKri LAST WILL AND TESTAMENT OF NAOMI G. JOHNSON PAGE 4 OF 4 V■CX`tl \t P1 \e/ c3 m RESIDING AT i f_ don&A, rl() RESIDINNo AT 000245 witnesses, this