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HomeMy WebLinkAbout973810Wyoming. Clerk of District distributed o JOHN J. METZKE 5 -2257 JACOB L. BROOKS 6 -3972 Hirst Applegate, LLP 1720 Carey Avenue, Suite 400 P. O. Box 1083 Cheyenne, WY 82003 -1083 (307) 632 -0541 OF THE STATE OF WYOMING IN AND FOR LARAMIE COUNTY In the Matter of the Estate of EVALYN B. PATTERSON, Deceased. DECREE ESTABLISHING RIGHT AND TITLE TO PROPERTY AND DECREE OF DISTRIBUTION PURSUANT TO WYO. STAT. 2 -1 -205 This matter having come before the Court upon the Application for Decree of Distribution Under WYO. STAT. 2 -1 -205 filed herein by Catherina M. Mill, Richard A. Patterson, and Donnica P. Jones, and the Court, after reviewing the pleadings filed herein, finds as follows: 1. Evalyn B. Patterson died on March 3, 2013, a resident of Cheyenne, described real property located in Laramie County, Wyoming: Lot 16, Block 1016, Capital Heights Addition to the City of Cheyenne, Laramie County, Wyoming. 3. Evalyn B. Patterson, at the time of her death, owned a 1998 Nissan Sentra, VIN 1N4AB41D2WC759981. 4. Evalyn B. Patterson, at the time of her death, owned various royalty, overriding royalty, and mineral interests in various properties located in Lincoln County, Wyoming, Sublette County, Wyoming, Sweetwater County, Wyoming, Park County, Wyoming, and Weston County, Wyoming, as more fully set forth in the Application for Decree of Distribution Under Wyo. Stat. 2 -1 -205 filed herein on September 23, 2013. 5. The value of the entire estate of Evalyn B. Patterson located in Wyoming or otherwise subject to probate in Wyoming at the time of her death, less liens and encumbrances, does not exceed two hundred thousand dollars ($200,000). RECEIVED 10/23/2013 at 10:32 AM RECEIVING 973810 BOOK: 822 PAGE: 628 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT ertifies copies were to: Docket 46, No. 396 u9 OCT 17 2013 SANDY LANDERS CLERK OF THE DISTRICT COURT 0628 2. Evalyn B. Patterson, at the time of her death, owned the following Patterson. 6. More than thirty (30) days have elapsed since the death of Evalyn B. 0 6 2 9 7. No application for appointment of a Personal Representative of this Estate is pending or has been granted in any jurisdiction. 8. Evalyn B. Patterson died testate. Under the terms of the Last Will and Testament of Evalyn B. Patterson, Catherina M. Mill, Richard A. Patterson, and Donnica P. Jones are each entitled to receive a one -third (1/3) interest in the real and personal property interests described in paragraphs 2, 3, and 4 above. There are no other beneficiaries or distributees or heirs at law of Evalyn B. Patterson having a right to succeed to the above described real and personal property under probate proceedings. 9. A Report of Appraisal, prepared by Bill Strickland of The Property Exchange of Cheyenne, Wyoming, a person having no legal interest in the Estate of Evalyn B. Patterson, was attached to the Application for Decree of Distribution Under WYO. STAT. 2 -1 -205 as required by law. The Report of Appraisal shows the value of the real property described in paragraph 2 above had a value of $176,000, as of March 3, 2013, the date of death of Evalyn B. Patterson, but said real property was subject to a Mortgage in favor of GMAC Mortgage Company in the principal amount of $29,222.88 as of March 3, 2013. 10. A Sworn Report of Appraisal, prepared by Mary Margaret "Peg" Ostlund of Cheyenne, Wyoming, a person having no legal interest in the Estate of Evalyn B. Patterson, was attached to the Application for Decree of Distribution Under WYO. STAT. 2 -1 -205 as required by law. The Report of Appraisal shows the value of the mineral interests described in paragraph 4 above had a value of $20,892.60 and the 1998 Nissan Sentra had a value of $3,000 as of March 3, 2013, the date of death of Evalyn B. Patterson. 11. Due proof of publication of the Notice of Application for Decree of Distribution once a week for two consecutive weeks in a newspaper of general circulation in Laramie County, Wyoming has been filed herein. 12. No person has disputed the facts stated in the Application for Decree of Distribution Under WYO. STAT. 2 -1 -205 filed herein on September 23, 2013 by Catherina M. Mill, Richard A. Patterson, and Donnica P. Jones. 13. Catherina M. Mill, Richard A. Patterson, and Donnica P. Jones have requested that the Court enter a Decree establishing title to said real and personal property in their names, but subject to the outstanding mortgage in favor of GMAC Mortgage Company as to the real property located in Laramie County, Wyoming and that the 1998 Nissan be distributed to Catherina M. Mill to facilitate the sale of this automobile. WHEREFORE, IT IS ORDERED AND DECREED, that: 1. There is hereby distributed to each of Catherina M. Mill, Richard A. Patterson, and Donnica P. Jones subject to the Mortgage of record in favor of GMAC Mortgage Company, an undivided one -third (1/3) interest in the following described real property located in Laramie County, State of Wyoming: Lot 16, Block 1016, Capital Heights Addition to the City of Cheyenne, Laramie County, Wyoming. 2. There is hereby distributed to each of Catherina M. Mill, Richard A. Patterson, and Donnica P. Jones an undivided one -third (1/3) interest in the following described royalty, overriding royalty, and mineral interests located in Lincoln County, Sublette County, Sweetwater County, Park County, and Weston County, State of Wyoming: LINCOLN COUNTY, WYOMING: .4375% royalty of all of the oil and gas and other hydrocarbons; and an undivided 7% interest in all minerals and mineral rights, except oil and gas and other hydrocarbons, in the following described lands: In Township 25 North, Range 112 West of the Sixth Principal Meridian, Lincoln County, Wyoming: Section 5: Lots 2 and 3 In Township 25 North, Range 113 West of the Sixth Principal Meridian, Lincoln County, Wyoming: Section 6: Lots 2, 3, 4, 5, 7, 8, 9, 11 and 12 Section 7: Lots 1, 2 and 5, NW 1 /4NE 1 /4 In Township 25 North, Range 114 West of the Sixth Principal Meridian, Lincoln County, Wyoming: Section 5: NW1 /4NE1 /4 Section 6: SE1 /4NW1 /4 Section 8: N1 /2N1/2 Section 9: S1 /2NW1 /4, SW1 /4NE1 /4, NW1 /4SE1 /4 In Township 26 North, Range 112 West of the Sixth Principal Meridian, Lincoln County, Wyoming: Section: 28: S1 /2SW1 /4 Section: 32: Lot 1, NE1 /4SE1 /4, W1 /2SE1 /4, NE1 /4 Section: 33: Lots 4, 5, 8, W1 /2NW1 /4 3 0030 In Township 26 North, Range 114 West of the Sixth Principal Meridian, Lincoln County, Wyoming: Section 8: NE1 /4NW1 /4, SW1 /4SE1 /4 Section 17: SW1 /4NE1 /4, SW1 /4SE1 /4 Section 21: SW1 /4SW1 /4 Section 27: S1 /2NW1 /4 Section 28: W1 /2NW1 /4, SE1 /4NW1 /4, S1 /2NE1 /4 Section 32: NE1 /4SE1 /4 In Township 26 North, Range 115 West of the Sixth Principal Meridian, Lincoln County, Wyoming: Section 1: Lot 4 (Resurvey Tract 37) SW1/4NE1/4 (Resurvey Tract 43) NW 1 /4S W 1 /4 (Resurvey Tract 41) S W 1 /4SE 1 /4 (Resurvey Tract 42) Section 5: Lots 3 and 4 (Resurvey Tract 38) Section 10: NE1 /4SW1 /4 (Resurvey Tract 40) Section 13: NW1 /4NW1 /4 (Resurvey Tract 45) SW1/4NE1/4 (Resurvey Tract 44) Section 15: E1/2W1/2 (Resurvey Tract 46) Section 22: NE1 /4NW1 /4 (Resurvey Tract 51) Section 24: SW1 /4NW1 /4 (Resurvey Tract 54) Section 25: NW1 /4SW1 /4 (Resurvey Tract 62) Section 26: SE 1 /4NE 1 /4 (Resurvey Tract 61) Section 24 and 25: Tracts 63A, 63B, 63C, 63D, 63E, 63F 63G, 63H, 63I, 63J, 63K, 63L, 63M, 63N, 630, 63P Section 31: NE1 /4SE1 /4 (Resurvey Tract 70) .30625% royalty of all of the oil and gas and other hydrocarbons; and an undivided 3.5% interest in all minerals and mineral rights, except oil and gas and other hydrocarbons, in the following described lands: In Township 26 North, Range 115 West of the Sixth Principal Meridian, Lincoln County, Wyoming: Section 22: Section 27: Section 27: Section 28: SE1 /4NW1 /4, E1 /2SW1 /4 NE1 /4NW1 /4 (Resurvey Tract 53) SW1 /4NW1 /4, NW1 /4SW1 /4 N1 /2SE1 /4 (Resurvey Tract 60) .390625% royalty of all of the oil and gas and other hydrocarbons; and an undivided 6.25% interest in all minerals and mineral rights, except oil and gas and other hydrocarbons, in the following described lands: In Township 24 North, Range 112 West of the Sixth Principal Meridian, Lincoln County, Wyoming: Section 14: Section 15: Section 23: Section 24: Section 25: Lots 2, 4, 5, 6 and 7, SE1 /4NW1 /4 Lots 1, 2, 6, 7, and 8, N1 /2SW1 /4 SE1 /4NE1 /4, NE1 /4SE1 /4, N1 /2NE1 /4 Lots 2, 3, and 4, S W 1 /4, S 1 /2NW 1 /4 N1 /2NW1 /4, SE1 /4NW1 /4 (the five lines above containing 948.34 acres) 4 0631 SUBLETTE COUNTY, WYOMING: .4375% royalty of all of the oil and gas and other hydrocarbons; and an undivided 7% interest in all minerals and mineral rights, except oil and gas and other hydrocarbons, in the following described lands: In Township 27 North, Range 115 West of the Sixth Principal Meridian, Sublette County, Wyoming: Section 28: Section 29: Section 32: Section 33: S W 1 /4NW 1 /4 (Tract 42) NE 1 /4SE 1 /4 (Tract 43) NW 1 /4NE 1 /4 (Tract 44) S W 1 /4S W 1 /4 (Tract 46) .390625% royalty of all of the oil and gas and other hydrocarbons; and an undivided 6.25% interest in all minerals and mineral rights, except oil and gas and other hydrocarbons, in the following described lands: In Township 33 North, Range 108 West of the Sixth Principal Meridian, Sublette County, Wyoming: Section 18: Lots 3 and 4, E1 /2SW1 /4 Section 19: Lots 1 and 2, E1 /2NW1 /4 In Township 33 North, Range 109 West of the Sixth Principal Meridian, Sublette County, Wyoming: Section 13: E1 /2SW1 /4, SE1 /4 Section 24: NE1 /4 SWEETWATER COUNTY, WYOMING: .390625% royalty of all of the oil and gas and other hydrocarbons; and an undivided 6.25% interest in all minerals and mineral rights, except oil and gas and other hydrocarbons, in the following described lands: In Township 23 North, Range 111 West of the Sixth Principal Meridian, Sweetwater County, Wyoming: Section 17: Lots 13, 14, 17 and 18 (containing 176.40 acres) Section 25: Lots 11 and 14 Section 26: Lots 13 and 14 (the two lines above containing 160.01 acres) Section 22: Lots 4, 6, 7, SE 1 /4N W 1 /4, S W 1 /4NE 1 /4 (containing 176.54 acres) Section 23: Lots 11, 13, 16, NW1 /4SW1 /4 (containing 145.32 acres) PARK COUNTY, WYOMING: An undivided 1/3 interest in 1/4 overriding royalty interest retained in the assignment of government lease, Cheyenne Serial 060104 to John McFadyen, made June 1, 1938 and 1 -1/4% royalty interest in the lease of 200 acres of State of Wyoming land described as N1 /2 of S1 /2, and SE1 /4SE1 /4 of Section 2, Township 47 North, Range 100 West of the Sixth Principal Meridian, Park County, Wyoming 5 0632 WESTON COUNTY, WYOMING: 1/16 of 1 /100 part interest in Johnson No. 2 also known as Morton and Yetina Johnson No. 1 well in Mush Creek Oil Field in SW1 /4SE1 /4, Sec. 8, Township 44 North, Range 63 West of the Sixth Principal Meridian, Weston County, Wyoming. 3. There is hereby distributed to Catherina M. Mill the 1998 Nissan Sentra, VIN 1N4AB41D2WC759981. Dated: October it 2013. g/ THOMAS C CAM BELL DISTRICT COURT JUDGE 0 OM, G< STATE OF WYOVINC P I Sandy L-":ders' G County t t nf�es by e t nty of la a. �a I,�o I Eh by cz foregoing is a -uti ebb 'ootrec o the same appea omfilz of reco same is in ful: force and effecras t,! tartness my harig anv sea! of said court SANDY•IANDERS Cierk of Disfn ..0 By Deputy 0 033 SS H,jI'EN \s ce s and cna