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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 2 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. 4 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