HomeMy WebLinkAbout960695PERSONAL REPRESENTATIVE'S DEED OF DISTRIBUTION
THIS PERSONAL REPRESENTATIVES' DEED
OF DISTRIBUTION is made by RONALD D.
MOORE, PERSONAL REPRESENTATIVE OF THE
ESTATE OF BEVERLY J. MOORE DARLING,
Deceased, whose legal address is 227 Jared Court,
Phoenix, Oregon 97535 "Grantor
WHEREAS, the Colorado Probate was closed effective December 3, 1990;
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RECEIVED 8/25/2011 at 11:21 AM
RECEIVING 960695
BOOK: 771 PAGE: 627
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
WHEREAS, David A. Moore a/k/a D.A. Moore a/k/a David Amoss Moore died testate on
July 28, 1989 as a resident of Jefferson County, Colorado;
WHEREAS, the Will of David A. Moore, deceased, was duly probated in the District Court
for Jefferson County, Colorado by virtue of Case No. 89 PR 625 "Colorado Probate
WHEREAS, the Will of David A. Moore devises the residuary of the Estate of David A.
Moore, deceased, to his surviving spouse at the time of his death, Beverly J. Moore Darling.
WHEREAS, Beverly J. Moore Darling subsequently filed a Petition to Admit Colorado
Probate Proceedings in the District Court for Sweetwater County, Wyoming, requesting the
ancillary probate of the Estate of David A. Moore, deceased, with respect to all property located
within the State of Wyoming and owned by David A. Moore, deceased, at the time of his death
"Wyoming Ancillary Probate Proceedings
WHEREAS, Beverly J. Darling, aka Beverly J. Moore Darling died testate on August 17,
2009 as a resident of Jackson County, Oregon, during the pendency of the Wyoming Ancillary
Probate Proceedings;
WHEREAS, the Will of Beverly J. Moore Darling, deceased, was duly probated in the
Circuit Court for Jackson County, Oregon by virtue of Case No. 09- 697 -P6 "Oregon Probate
Proceedings
WHEREAS, effective November 30, 2009, Ronald D. Moore was duly appointed as the
Personal Representative of the Estate of Beverly J. Moore Darling, deceased, pursuant to the
Oregon Probate Proceedings;
WHEREAS, the authority of Ronald D. Moore to act as Personal Representative of the Estate
of Beverly J. Moore Darling, deceased, with respect to legal actions and property within the
State of Wyoming was confirmed via Order Recognizing Domiciliary Foreign Personal
Representative Pursuant to Wyo. Stat. Ann. §2 -11 -301, 302 (2010) dated June 28, 2010 as issued
by the District Court for Sweetwater County, Wyoming, in Case No. P- 10 -70 -R, as set forth in
Exhibit A "Wyoming Personal Representative Order
WHEREAS, Grantor subsequently filed an Amended Petition to Admit Colorado Probate
Proceedings in the District Court for Sweetwater County, Wyoming, in Case No. P- 09 -98 -R,
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requesting the ancillary probate of the Estate of David A. Moore, deceased, with respect to all
property located within the State of Wyoming and owned by David A. Moore, deceased, at the
time of his death;
WHEREAS, by Order for Ancillary Administration Pursuant to Wyo. Stat. Ann 2 -11 -201
dated September 21, 2010 and issued by the District Court for Sweetwater County, Wyoming, all
property owned by the Estate of David A. Moore, deceased, and located in the State of Wyoming
was judicially set over, transferred and distributed to Grantor pursuant to the terms of the Will of
David A. Moore, deceased, within the State of Wyoming and owned by David A. Moore,
deceased, at the time of his death, as set forth in Exhibit B "Wyoming Ancillary Probate
Order
WHEREAS, at the time of execution of this Personal Representative's Deed of Distribution,
the Oregon Probate Proceedings remain open, Ronald D. Moore remains the duly appointed
Personal Representative of the Estate of Beverly J. Moore Darling, deceased, and such
appointment continues to be recognized by the courts of the State of Wyoming pursuant to the
Wyoming Personal Representative Order; and
WHEREAS, it is the intention of Grantor to hereby convey all right, title and interest owned
by the Estate of Beverly J. Moore Darling, deceased, whether now known or acquired or
discovered in the future.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that: pursuant to the
authority conferred upon Grantor by the Oregon Probate Proceedings, as recognized by the
Wyoming Personal Representative Order; with respect to the property specifically identified and
distributed in the Wyoming Ancillary Probate Order; and pursuant to the Will of Beverly J.
Moore Darling, deceased; Grantor hereby gifts, grants, conveys, assigns, transfers, quitclaims,
sets over, and releases unto the BEVERLY J MOORE DARLING REVOCABLE TRUST,
whose principal business address is 227 Jared Court, Phoenix, OR 97535 "Grantee all of the
following described real property situated in the State of Wyoming:
SEE EXHIBIT C
The above distribution and conveyance includes, but is not limited to surface estate and
interests associated therewith, oil and gas leases, minerals, royalties, overriding royalties and
contracts relating thereto, and other properties of whatsoever kind and nature relating thereto or
used in connection therewith, and all right, title, and interest of the Estate of Beverly J. Moore
Darling, deceased, in and to the properties described in Exhibit C hereto, together with all
personal property, appurtenances, fixtures, and equipment or whatsoever nature used in
connection therewith or relating thereto.
The properties listed in Exhibit C represent to the best of Grantor's knowledge all surface
and interests associated therewith; oil, gas, and other minerals; royalty and overriding royalty
interests; oil and gas leases and contracts relating thereto; personal property; and other properties
of whatsoever kind and nature relating thereto or used in connection therewith owned by Beverly
J. Moore Darling, deceased, and located in the State of Wyoming. In the event any other surface
estate; oil, gas, and other minerals; royalty and overriding royalty interests; and/or personal
STATE OF c_otor..cto
ss.
COUNTY OF .kcLr
Witness d and official seal.
By
Ronald D. Moore
Personal Representative
Notary Public
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property are hereafter discovered to have been omitted from the said Exhibit C hereto, it is the
Grantor's specific intent that by this Personal Representative's Deed of Distribution, Grantor
hereby grants, transfers, assigns, quitclaims, sets over and conveys unto Grantee all of the right,
title, and interest of Grantor in and to any and all surface estate and associated interests; oil, gas,
and other minerals; oil and gas leases and contracts relating thereto; royalty and overriding
royalty interest; and /or personal property, of whatsoever kind and nature, located in the State of
Wyoming
This Personal Representative's Deed of Distribution is made without warranty of title, either
express or implied, and is made subject to all royalties, overriding royalties, and other burdens
and encumbrances upon the interests conveyed existing as of the date hereof, and is subject to all
applicable provisions and the oil and gas leases, joint operating agreements, farmout agreements,
pooling agreements, and other agreements associated with the interests conveyed.
Executed and effective this ZA `day of 2011.
ESTATE OF BEVERLY J. MOORE-
DARLING, deceased
GRANTOR
Signed, sworn and acknowledged before me this 'vi.g day of .Ke- 2011, by
Ronald D. Moore, Personal Representative of the Estate of Beverly J. Moore Darling, deceased.
EXHIEIT A
WYOMING PERSONAL REPRESENTATIVE ORDER
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Brent D. Chicken, WY 6 -4058
Drake Hill, WY 6 -3106
Beatty, Wozniak Reese
2616 Carey Avenue
Cheyenne, WY 82001
Telephone: 303.407.4499
Facsimile: 303.407.4404
E -mail: bchi.cken @bwenergylaw.com
dhi11 @bwenergylaw. corn
Attorneys for Petitioner
ELLEN SMITH
BY
JUN 2 8 2010
CLERK OF
DISTRICT COURT
DEPUTY CLERK
STATE OF WYOMING IN THE DISTRICT COURT
ss.
COUNTY OF SWEETWA'!'ER THIRD JTJDICIAL DISTRICT
IN THE MATTER OF THE
ESTATE OF
BEVERLY J. MOORE- DARLING
deceased.
Probate No. P- Ib ~76 —le
ORDER RECOGNIZING DOMICILIARY FOREIGN PERSONAL REPRESENTATIVE
PURSUANT TO WYO. STAT. ANN. 2 -11 -301, 302 (2010)
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The above- entitled matter coming before the Court upon the Petition for Recognition of
Domiciliary Foreign Personal Representative Pursuant to WYO. STAT. ANN. 2 -11 -301, 302
(2010) "Petition of Ronald D. Moore, as Personal Representative of the Estate of Beverly J.
Moore Darling, deceased "Petitioner and the Court having examined the records and files
herein and being fully advised hereby ORDERS that:
The appointment of Ronald D. Moore as the Personal Representative of the Estate of
Beverly J. Moore Darling, deceased, in Case Number 09- 697 -P6 before the Circuit Court of the
Dated
ELLEN SMI
State of Oregon for Jackson County effective November 30, 2009, is hereby recognized for the
purposes set forth in WYO. STAT. ANN. 2 -11 -302.
Dated this .1 day of
The document to which this certificate Is attached Is
a full, true and correct copy of the original on file and
of record In my office.
Clerk of the District Court
County of Sweetwater
State of Wyoming
By Deputy
155185
2010.
2
DISTRICT COURT JUDGE
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EXIIIBIT B
WYOMING ANCILLARY PROBATE ORDER
0UO33
Brent D. Chicken, WY 6 -4058
Drake Hill, WY 6 -3106
Beatty, Wozniak Reese
2616 Carey Avenue
Cheyenne, WY 82001
Telephone: 303.407.4499
Facsimile: 303.407.4404
E -mail: bchicken @bwenergylaw.com
dhill@bwenergylaw.com
Attorneys for Petitioner
STATE OF WYOMING IN THE DISTRICT COURT
ss.
COUNTY OF SWEETWATER THIRD JUDICIAL DISTRICT
IN THE MATTER OF
THE ESTATE OF
DAVID A. MOORE,
deceased.
Probate No. P- 09 -98 -R
ORDER FOR ANCILLARY ADMINISTRATION
PURSUANT TO WYO. STAT. ANN. 2 -11 -201
SEP 21 2010
ELLEN SMITH
BY
0u0 34
The above- entitled matter coming before the Court upon the Amended Petition to Admit
Colorado Probate Proceedings "Petition of Ronald D. Moore, Personal Representative of the
Estate of Beverly J. Moore Darling, deceased "Petitioner under WYO. STAT. ANN. 2 -11 -201,
and the Court having examined the records and files herein and being fully advised, FINDS:
1. David A. Moore, a/k/a D.A. Moore or David Amoss Moore "Decedent died
testate on July 28, 1989, while a resident of Jefferson County, Colorado.
CLERK OF
DISTRICT COURT
DEPUTY CLER!,
2. Decedent died owning property interests in Sweetwater County, Wyoming,
described as follows:
a. 0.5% Overriding Royalty Interest in Federal Oil and Gas
Lease WY- 014692, insofar as the lease covers the SW /4, W/2
SE /4, and NE /4. SE /4 of Section 24, Township 13 North, Range
101 West, 6 P.M.; and
b. 0.5% Overriding Royalty Interest in Federal Oil and Gas
Lease WY- 014600, insofar as the lease covers the SE /4 SE /4 of
Section 24, Township 13 North, Range 101 West, 6 P.M.
(collectively, "Subject Property")
3. The Decedent's estate has been probated in the District Court for Jefferson
County, Colorado, Case No. 89 PR 625 "Colorado Probate
4. Authenticated copies of the following Colorado Probate proceedings were filed
herein with the Petition:
a. WILL of David A. Moore a/k/a D.A. Moore or David Amoss Moore dated
June 15, 1976;
b. APPLICATION FOR INFORMAL PROBATE OF WILL AND INFORMAL
APPOINTMENT OF PERSONAL REPRESENTATIVE dated August 15, 1989;
c. INFORMAL PROBATE OF WILL AND INFORMAL APPOINTMENT OF PERSONAL
REPRESENTATIVE dated August 15, 1989; and
d. LETTERS dated August 15, 1989.
5. Under Colorado law, the court appointed Beverly J. Moore Darling personal
representative of Decedent's estate, and the property held by Decedent in Colorado has been
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3
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fully administered by informal procedure, and no further action is required in the Colorado
Probate.
6. Pursuant to this Court's Order Recognizing Domiciliary Foreign Personal
Representative Pursuant to WYO. STAT. ANN. 2 -11 -301, 302 (2010) in Probate Case No. P -10-
70-R issued on June 28, 2010, Petitioner is recognized as the Domiciliary Foreign Personal
Representative of the Estate of Beverly J. Moore Darling, deceased, and may maintain legal
proceedings on behalf of said estate.
7. All debts of Decedent were paid in the domiciliary Colorado Probate, and the only
assets in Wyoming described above do not exceed in value the sum of $150,000.00.
8. This Court, by Notice of Amended Petition to Admit Colorado Probate
Proceedings "Notice entered herein on the 9 day of CL.cs, 5 2010, set the
Amended Petition for hearing on the may of S,n jL. 2010, at JO: pM a the
Notice being published in the Green River Star, Green River, Wyoming, on
2010; ,c7' 2010; andi,L 2010; as indicated in the Affidavit of
Publication on file with the Court, and as required by the above -cited Wyoming statute.
8. No one has appeared herein or made or filed an objection to the granting of the
Petition and the entry of an Order pursuant thereto.
WHEREFORE, IT IS ORDERED, ADJUDGED and DECREED that:
1. The Colorado Probate be, and the same hereby are, under WYO. STAT. ANN. 2-
11 -201 (2009), admitted to record herein as the probate of the Estate of David A. Moore, a/k/a
D.A. Moore or David.Amoss Moore, deceased, in Wyoming and shall be considered and treated
from this time as original proceedings in this Court and shall be conclusive evidence of the facts
therein shown.
2. The Subject Property, together with any and all other property of Decedent
situated in the State of Wyoming hereinafter discovered, be and the same is hereby distributed
and set over to: RONALD D. MOORE, PERSONAL REPRESENTATIVE OF THE ESTATE
OF BEVERLY J. MOORE- DARLING, DECEASED.
Dated this /may of S 010.
128981
1 CD
q31)
4
STRIC COURTS GE
The document to which this certificate is attached is
a full, true and correct copy of the original on file and
of record in my office.
Dated Y 4= 0
ELLEN SMITH, Clerk of the District Court
Counbj of Sweetwater
State of Wyoming
By V t )C-..
Deputy
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Campbell County, Wyoming:
EXIIIBIT C
Township 45 North, Range 71 West, 6th P.M.
Section 2: SW /4
Section 3: S /2, Lots 15, 16, 17 and 18
Section 4: SE /4
Section 8: S /2NW /4
Section 13: W /2, Lots 3, 4, 5, 6, 11, 12, 13, and 14
Section 17: SE /4
Park County, Wyoming:
Township 54 North, Range 100 West, 6th P.M.
Section 20: E /2, Lots 1 and 5, E /2SW /4
Section 21: All
Section 29: NE /4
Natrona County, Wyoming:
Township 37 North, Range 78 west, 6th P.M.
Section 16: SW /4, S /2SE /4
Lincoln County, Wyoming:
Township 22 North, Range 112 West, 6th P.M.
Section 12: All
Section 13: N /2N/2
Section 24: All
Section 26: N/E
Section 27: All
Section 34: NW /4
Section 36: E /2NE /4
Township 23 North, Range 112 West, 6th P.M.
Section 35: SW /4
Township 22 North, Range 111 West, 6th P.M.
Section 30: SW /4
Section 31: W /2NW /4
Carbon County, Wyoming:
Township 18 North, Range 77 West, 6th P.M.
Section 18: Lots 3 and 4, NE /4SW /4, NW /4SE /4