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HomeMy WebLinkAbout972495IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT WITHIN AND FOR LINCOLN COUNTY, WYOMING FILED BY ,111h Probate No. PR- 2013 -36 -DC AUG 5 2013 IN THE MATTER OF THE ESTATE OF BARNEY RAY GADDO, DECEASED KENNETH D. ROBERTS CLERK OF DISTRICT COURT 3rd JUDICIAL DECREE OF DISTRIBUTION LINCOLN COUNTY, STATE OF WYOMING THE COURT, having received the Application for Decree of Distribution filed by Bonnie J. Gaddo and Terri Lynn Daniel pursuant to Wyoming Statute 2 -1 -205 and having reviewed the pleadings filed herein, finds as follows: 1. Barney Ray Gaddo died intestate on. March 26, 2013, in Salt Lake City, Salt Lake County, Utah. 2. Bonnie J. Gaddo and Terri Lynn Daniel are the surviving daughters of Barney Ray Gaddo. 3. The value of the entire estate of Barney Ray Gaddo, less liens and encumbrances, does not exceed Two Hundred Thousand Dollars ($200,000.00). 4. Thirty (30) days have elapsed since the death of Barney Ray Gaddo. 5. No application for appointment of a personal representative is pending or has been granted in any jurisdiction. 6. Bonnie J. Gaddo and Terri Lynn Daniel are the only distributees of the estate of Barney Ray Gaddo. There are no other distributees of Barney Ray Gaddo having a right to succeed to the property under probate proceedings. 7. At the time of his death, Barney Ray Gaddo owned an interest in real property situated at 205 5th Street, Cokeville, Lincoln County, Wyoming, more particularly described as: LOTS 2 AND 3, QUADROS FIRST ADDITION TO THE TOWN OF COKEVILLE, COUNTY OF LINCOLN, STATE OF WYOMING; AS SAID LOTS ARE LAID DOWN AND DESCRIBED ON THE OFFICIAL PLAT OF SAID ADDITION, DULY RECORDED IN THE OFFICE OF THE COUNTY CLERK AND EX- OFFICIO REGISTER OF DEEDS OF LINCOLN COUNTY, WYOMING, TOGETHER WITH ALL IMPROVEMENTS THEREON, AND EASEMENTS, APPURTENANCES AND INCIDENTS BELONGING OR APPERTAINING THERETO, OR USED IN CONNECTION THEREWITH; SUBJECT, HOWEVER, TO ALL MINING, MINERAL AND OTHER EXCEPTIONS, RESERVATIONS, CONDITIONS, EASEMENTS AND RIGHTS OF WAY OF RECORD. RECEIVED 8/6/2013 at 3:04 PM RECEIVING 972495 BOOK: 817 PAGE: 359 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0359 8. Barney Ray Gaddo was predeceased by his wife, Glyda Eloise Gaddo, who died on August 25, 2009, in Rock Springs, Sweetwater County, Wyoming. 9. At the time of the death of Glyda Eloise Gaddo, the above listed real property was owned by Barney Ray Gaddo and Glyda E. L. Gaddo, husband and wife, as joint tenants with full right of survivorship, not as tenants in common. The death of Glyda Eloise Gaddo terminated her ownership interest in and to said real property and the real property became vested in Barney Ray Gaddo as the surviving joint tenant with full right of survivorship. 10. Each of said heirs survived the decedent and are, therefore, entitled to have all of the residue and remainder of said estate distributed, conveyed and set over to them, to have and to hold the same unto themselves, their heirs and assigns forever. 11. Publication of a Notice of Application for Decree of Distribution of Real Property has been made in accordance with law, having been published in the Kemmerer Gazette, Kemmerer, Lincoln County, Wyoming, a paper of county- wide distribution, on the 25th day of July and the 1st day of August, 2013. 12. The provisions of Wyoming Statute 2 -1 -201 have been complied with preparatory to the issuance of a Decree of Distribution. 13. The facts stated in the application are not in dispute, and the Court should enter a decree establishing the right and title to the property. 14. A certified copy of this Decree should be recorded in the Office of the County Clerk and thereafter this Decree and the record thereof shall be presumptive evidence of title to the real property. WHEREFORE, the Court orders the distribution of real property as follows: (a) The entire ownership interest of Barney Ray Gaddo (and any interest of Glyda Eloise Gaddo) in the real property and improvements situated at 205 5th Street, Cokeville, Lincoln County, Wyoming, more particularly described below, is hereby distributed, conveyed, and assigned to Bonnie J. Gaddo and Terri Lynn Daniel as joint tenants without rights of survivorship, to have and to hold the same unto themselves, their heirs and assigns forever: LOTS 2 AND 3, QUADROS FIRST ADDITION TO THE TOWN OF COKEVILLE, COUNTY OF LINCOLN, STATE OF WYOMING; AS SAID LOTS ARE LAID DOWN AND DESCRIBED ON THE OFFICIAL PLAT OF SAID ADDITION, DULY RECORDED IN THE OFFICE OF THE COUNTY CLERK AND EX- OFFICIO REGISTER OF Estate of Barney Ray Gaddo Decree of Distribution page 2 0360 DEEDS OF LINCOLN COUNTY, WYOMING, TOGETHER WITH ALL IMPROVEMENTS THEREON, AND EASEMENTS, APPURTENANCES AND INCIDENTS BELONGING OR APPERTAINING THERETO, OR USED IN CONNECTION THEREWITH; SUBJECT, HOWEVER, TO ALL MINING, MINERAL AND OTHER EXCEPTIONS, RESERVATIONS, CONDITIONS, EASEMENTS AND RIGHTS OF WAY OF RECORD. (b) A certified copy of the Decree of Distribution shall be recorded in the office of the Lincoln County Clerk and thereafter the Decree and the record thereof shall be presumptive evidence of title to the property, as provided for by law. Dated this g day of A nnfs i" Sand w Distric s r c) STATE OF VYOMING -i COUNTY OFL% OLN F�� 1, Kenneth D. fto,b Rle( .bf the'T Judicial District Court wlthip arid foresaid county and in the State-of-foresaid, do hereby certify the foregoing to be a full, true, and co; piete copy. Estate of Barney Ray Gaddo Decree of Distribution Page 3 SIGNED 0361