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HomeMy WebLinkAbout971343GARY KNIGHT, a/k/a GARY R. KNIGHT, a/k/a GARY ROBERT KNIGHT, IN THE DISTRICT COURT, THIRD JUDICIAL DISTRICT COUNTY OF LINCOLN, STATE OF WYOMING IN THE MATTER OF THE ESTATE, OF Deceased. been granted in any jurisdiction in this state. Page 1 of 4 Probate No. 2013 -23 -DC FIL BY D DYV MAY 1 3 2013 KENNETH D. ROBERTS OLCRK or DISTRICT COI RI 3rd JUDICIAL DISTRICT DECREE ESTABLISHING RIGHT AND �I couNTY, STATE of WYOMWG TO REAL PROPERTY 11 l L L This matter came on for hearing before this Court upon the Application for Decree of Distribution filed herein by Raymond Knight, as Successor Trustee of the Gary Knight Trust dated June 25, 2002, as amended, the distributee of the real property interests of the Estate of Gary Knight, a/k/a Gary R. Knight, a/k/a Gary Robert Knight, deceased, in accordance with Wyo. Stat. Ann. 2 -1 -205 (2011). After having reviewed the file of record herein, including the Application, and after being duly and fully advised in the premises, the Court finds as follows: 1. Gary Robert Knight (hereinafter referred to as "decedent died on August 18, 2012 in San Jose, Santa Clara County, California. 2. The value of the entire estate, located in Wyoming or otherwise subject to probate administration in this state, less liens and encumbrances, does not exceed Two Hundred Thousand Dollars ($200,000.00). 3. Thirty (30) days have elapsed since the death of the decedent. 4. No application for appointment of a personal representative is pending or has 00162 RECEIVED 6/7/2013 at 9:52 AM RECEIVING 971343 BOOK: 813 PAGE: 162 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 5. The decedent left a Last Will and Testament, dated June 25, 2002, in which he made the following disposition of his residuary estate, which includes the real property subject to this Application: RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of said Trust, including any amendments thereto made before my death. 6. A certified copy of the Last Will and Testament of the decedent was attached to the Application, the original of which is on file with the Superior Court, Santa Clara County, California. 7. Pursuant to the Last Will and Testament of the decedent, the distributee of the real property subject to the Application is the Trustee of the Gary Knight Trust dated June 25, 2002, as amended. Raymond Knight is the current acting Successor Trustee of the Trust. 8. The decedent, at the time of his death, owned a mineral interest in the following described real property situate in Lincoln County, State of Wyoming: Township 21 North, Range 117 West, 6 P.M. Section 8: N' /2NW' /4, NW' /4SW1/4, SE1/4SE SW'/4NW1/4 Section 9: W' /2SW' /4, W %2SE' /4 Section 17: NE1/4NE% Section 18: WANE'/4, NE1/4SW1/4, NW' /4SE'/4 Containing 560.00 acres, more or less Lincoln County, Wyoming 9. Pursuant to the Last Will and Testament of the decedent, the above described real property interest, and any real property located in the State of Wyoming discovered later to have been owned by the decedent, should be distributed in its entirety to the above -named distributee. Page 2 of 4 00'.6 10. There are no other distributees of the decedent having a right to succeed to the real property subject to the Application under probate proceedings. 11. Publication of the Notice of Application for Decree of Distribution has been duly made and given by the Kemmerer Gazette, a newspaper of general circulation in Lincoln County, Wyoming, under the dates of April 25 and May 2" d 2013, and an Affidavit of Publication of the publisher has been filed herein, all pursuant to Wyo. Stat. Ann. 2- 1- 205(c) (2011). 12. It appearing to the Court from a review of the file that no written objections were filed to the Application, no objectors have appeared to assert oral objections at the time of the hearing, and further that the facts stated in the Application are not in dispute and the claiming distributee is entitled to delivery of the real property interest as found above and to a Decree establishing the right and title to the above described property, which Decree should set over such real property interest, together with any later discovered real property in the State of Wyoming, to the named distributee as found above in this Decree, the same as if probate had applied. IT IS, THEREFORE, HEREBY ORDERED, ADJUDGED AND DECREED by the Court that all of the decedent's right, title, and interest in the following- described property situate in Lincoln County, State of Wyoming: Township 21 North, Range 117 West, 6 P.M. Section 8: N1/2NW1/4, NW' /4SW1/4, SE'/4SE1/4, SW1/4NW1/4 Section 9: W1/4SW1/4, W' /2SE'/4 Section 17: NE' /4NE1/4 Section 18: W' /2NE' /4, NE'/4SW1/4, NW1/4SE1/4 Containing 560.00 acres, more or less Lincoln County, Wyoming together with any other real property owned by the decedent and situate in the State of Wyoming, and not described herein, be, and the same hereby is, established and confirmed in its Page 3 of 4 entirety in Raymond Knight, as Successor Trustee of the Gary Knight Trust dated June 25, 2002, as amended. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that a certified copy of this Decree shall be recorded in the Office of the Lincoln County Clerk, and thereafter said Decree and record thereof shall be presumptive evidence of title to the real property described above. DONE IN OPEN COURT this TATE OF WYOMING 1 COUNTY OF LINCOLN 47 1, Kenneth D. Roberts, Clerk of the Thg ludic [:strict Court within and foresaid and in the State of foresaid, do •cIreby certify th^ foregoing to be a full, ue, and com.lete copy. SIGNE Page 4 of 4