HomeMy WebLinkAbout967848r L CEIVED 11/8/2012 at 9:50 AM
RECEIVING 967848
BOOK: 797 PAGE: 683
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
Probate No. 2008 -19 -DC
IN THE MATTER OF THE ESTATE OF: I L E n q/
BY
ALAN R. JENSEN,
Deceased.
683
KEN;'F_TH r) PflBERTS
ORDER APPROVING FINAL REPORT AND C L n. C iA) (PICT
ACCOUNTING, AND DECREE OF FINAL DISTRIBU NG °LINTY. STAI F OF WYOMING
The above captioned matter comes on for hearing before the Court on the Final Report,
Accounting, and Petition for Final Distribution, as filed with this Court by the Personal
Representative of the above captioned estate, and the Court, having reviewed the court file of
record herein, having examined the Waivers of Notice and Consents to Approval of Final Report
filed herein by all interested parties, and being duly advised in the premises, finds that the Court
has full and complete jurisdiction over the subject matter and all interested parties, and therefore
this matter ought to proceed on to final hearing and determination; and the Court specifically
finds that each and all of the statements made in the Final Report are true and correct, that the
conduct of the Personal Representative in the administration of this estate as reflected in said
Report is in accordance with law and the prior Orders of this Court, and that therefore order
ought to be entered at this time fully and finally approving, ratifying and confirming the Final
Report, Accounting and Petition for Final Distribution, and all doings of the Personal
Representative in the premises.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Final
Report, Accounting and Petition for Final Distribution be, and the same hereby is, fully and
finally ratified, confirmed and approved, and all of the doings of the Personal Representative in
the premises be, and the same hereby are, fully and finally approved.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Personal
Representative shall proceed to make final distribution of all remaining assets of this estate now
in the Personal Representatives hands, after payment of all costs of administration, together with
any property of the decedent hereafter discovered, in accordance with the Family Settlement
Agreement filed herein, as follows:
A. To Shelly Jensen Lancaster, the real property more particularly described as:
A portion of the SEl SW%4 of Section 32, Township 31 North, Range 118
West of the 6 P.M., Lincoln County, Wyoming being more particularly
described as follows:
BEGINNING at a point in the South line of said Section
32, said point being 822.54 feet West from the South 1 /4
corner of said Section 32;
thence West 492.53 feet;
thence N 0 °09'27" W, 330.001 feet;
thence East 493.44 feet;
thence South 330 feet to the point of beginning.
ALSO
A portion of the SE1/4SW of Section 32, Township 31
North, Range 118 West of the 6 P.M., Lincoln County,
Wyoming, being more particularly described as follows:
BEGINNING on the South boundary line of said Section
32 at a point 330.00 feet, West from the South 1/4
corner of Section 32, said point being the Southwest
corner of the Smoot cemetery tract and running thence
West, along section line, 492.52 feet to a second iron
pipe survey marker;
thence N 1 °01'24" W, 330.00 feet;
thence East, 493.1 feet to an iron pipe survey marker
monumenting the Northwest corner of the Smoot cemetery
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0 0 68
tract;
thence S 0 °49'24" E, 330.00 feet to the point of
beginning
TOGETHER WITH all improvements and appurtenances thereon situate
or in anywise appertaining thereunto.
SUBJECT, HOWEVER, to all reservations, restrictions, exceptions,
easements and rights -of -way of record.
AND SUBJECT TO the Chase line of credit secured by said real property,
which Shelly W. Lancaster shall assume and pay.
B. A one half -half (1/2) interest to Shelly Jensen Lancaster, and a one -sixth (1/6)
interest each to Jeremiah Jensen, Bryan Jensen and Jennilyn Proulx, in and to all remaining
payments due under that certain Promissory Note dated September 14, 2012, in the original
principal amount of Sixty Nine Thousand Six Hundred Nineteen and 66/100 Dollars
($69,619.66), given by M. Lee Schwab to the Estate, together with all the rights of a holder
thereunder.
C. A one half -half (1/2) interest to Shelly Jensen Lancaster, and a one -sixth (1/6) interest
each to Jeremiah Jensen, Bryan Jensen and Jennilyn Proulx, in and to all remaining funds of the
Estate; provided, however, that pursuant to the Family Settlement Agreement filed herein that
there shall first be paid from the share of Shelly Jensen Lancaster the sum of Forty Eight
Thousand Four Hundred Ninety -Nine and 33/100 Dollars ($48, 499.33) to each of Jeremiah
3
Jensen, Bryan Jensen and Jennilyn Proulx.1 To the extent that the share of Shelly Jensen
Lancaster is insufficient to pay said amount, then the shortfall shall be paid to Jeremiah Jensen,
Bryan Jensen and Jennilyn Proulx from Shelly Jensen Lancaster's personal funds.
D. A one half -half (1/2) interest to Shelly Jensen Lancaster, and a one -sixth (1/6) interest
each to Jeremiah Jensen, Bryan Jensen and Jennilyn Proulx, in and to all after discovered
property.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that when the Personal
Representative have completed the distribution of all estate assets, as ordered herein, with all
documentation necessary with respect thereto, the Personal Representative shall file with the
Court a Petition for Final Discharge.
DATED this of
STATE OF WYOMING SS.
COUNTY OF LINCOLN J
I, Kenneth D. Roberts, Clerk of the Th'
Judicial District Court within and for l aid
county and in the State of foresaid, do
hereby certify the foregoing to be a full,
true, and complete copy.
SIGNED
$145,497.98 3 $48,499.33
1 Pursuant to the Family Settlement Agreement filed herein, said amount was calculated as follows:
$129, 562.94 Agreed Amount under paragraph 4 of the Family Settlement Agreement
3,864.96* LESS Portion of Chase LOC Interest Paid by Shelly W. Lancaster
(Total Interest From 1/22/09 to 8/21/12 $10,531.22 x 73.4% 2 $3,864.96)
$19,800.00* PLUS Use of Residence from 1/18/10 to 10/18/12
(33 months $600 /month)
These amounts are subject to further adjustment to reflect actual amounts as of the date of final
distribution.
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0068x,
Timothy O. Beppler
Long Reimer Winegar Beppler, LLP
PO Box 1040
Evanston, WY 82931
OO6
CERTIFICATE OF SERVICE
I, Jenny Clarke, Deputy Clerk of District Court, hereby certify that on the
6th day of November, 2012, I caused a true and correct copy of the foregoing
Order Approving Final Report, Accounting and Decree of Final Distribution
by depositing the same in the United States mail, duly enveloped, postage
prepaid, addresses:
gq,11j,
Jen Clarke
Dep y Clerk of District Court