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HomeMy WebLinkAbout975715Joseph B. Bluemel Bluemel Law Office 510 Sapphire Street P.O. Box 47 Kemmerer, WY 83101 (307) 877 9091/(307) 877 -9092 IN THE ESTATE OF ELLEN McALLISTER BLOMQUIST, a/k/a ELLA McALLISTER BLOMQUIST, Deceased. Probate \Blomquist \Decree Nunc Pro Tunc 1II1II1 III III 1I II I II 1 1111111111111111111111111111111111111111111111 MAR 2 4 2014 KENNETH D. ROBERTS CLERK r UDICIALL DISTRICT LINCOLN ICT LINCOLN COUNTY, STATE OF WYOMING IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING PR- 2013 -28 -DC DECREE ESTABLISHING RIGHT AND TITLE TO REAL PROPERTY NUNC PRO TUNC The above entitled matter came on regularly for hearing on the 13 day of June, 2013 before the Honorable Dennis L. Sanderson, District Court Judge on the Petition and Affidavit for Distribution of Estate or Decree Establishing Right and Title to Real Property, as heretofore filed by the Petitioner. On the 18 th day of March, 2014, the Petitioner filed a Motion to Correct Decree Establishing Right and Title to Real Property pursuant to Rule 60, W.R.C.P., and the Court, having reviewed the file of record and being duly advised in the premises, finds as follows: 1. That the aforesaid affidavit or application dated the 6 day of May, 2013, filed with this Court on the 10 day of May, 2013 in accord with §2 -1 -205 W.S. (1997) applied to this Court for an order authorizing a summary procedure for distribution of certain real property described in full hereafter, together with the Amended Petition and Affidavit for Distribution of Estate correcting an error, is sufficient, complete and in accordance with law. 2. That due and proper notice of the initial hearing had been given; there is no need for additional notice since the Amended Petition provided for less an interest to be transferred through this probate process and that there is on file in the record herein, an Affidavit of Publication showing compliance with §2- 1- 205(c) (Lexis 2001). 3. That the above named Decedent died on the 28 day of December, 1970 in Salt Lake City, Salt Lake County, Utah. 4. That the Decedent died testate leaving all the rest and residue of her property, both real and personal and wheresoever situate, in equal shares unto her three children, Dale E. Blomquist, 975715 3/27/2014 10:07 AM LINCOLN COUNTY FEES: $21.00 PAGE 1 OF 4 BOOK: 829 PAGE: 530 DECREE JEANNE WAGNER, LINCOLN COUNTY CLERK Laura Beth Mathews and Lois Robinson. 5. That Laura Beth Mathews and Lois Robinson signed a Waiver and Consent of Heirs giving their interest in Federal Oil and Gas Leases: USA WYE- 07708 -C and USA WYE- 07798- D to Dale E. Blomquist. There is an additional Federal Oil and Gas Lease: USE WYE 07798-E, of which Dale E. Blomquist, Beth Mathews and Lois Robinson each own an undivided one -third (1/3) interest. 6. That in the Decree Settling First and Final Accounting and Ordering Distribution and Discharge filed in the Third Judicial District Court, County of Salt Lake, State of Utah in Probate No. 58201 the oil leases and royalty interest as described in Paragraph D were given to Dale E. Blomquist as his sole and separate property. 7. That the Decedent died seized of an interest in oil leases and royalty interest in Wyoming which are located in the following described property: Federal Oil and Gas Lease: USA WYE- 07708 -C Tract 2 Township 26 North, Range 113 West, 6 P.M. Section 3: SWl /4SE Section 10: W1/2SW1/4 containing 120.00 acres Lincoln County, Wyoming Federal Oil and Gas Lease: USA WYE- 07798 -D Tract 3 Township 26 North, Range 113 West, 6 P.M. Section 3: Lots 8, 9, E' /2SE /4 Section 10: NY2NE /4, E %2SW /4 containing 320.00 acres Lincoln County, Wyoming an undivided one -third (1/3) interest in: Federal Oil and Gas Lease: USA WYE- 07798 -E Tract 4 Township 26 North, Range 113 West, 6 P.M. Section 2: Lot 4 Section 10: SE1/4 Section 11: Lots 1, 2, 3, 4, W /2E /2, N /2NW /4, SE /4NW /4, SW1 Section 14: Lots 1, 2, W%2E N /4, SW /4 Sectionl5: N %2N%2 containing 1,270.64 acres Lincoln County, Wyoming 8. That no application for the appointment of a personal representative for the Decedent's estate is pending or has been granted in any jurisdiction in Wyoming. Probate \Blomquist \Decree Nunc Pro Tunc -2- 9. That the value of the entire estate of said Decedent, wherever located does not exceed two hundred thousand dollars ($200,000). 10. That more than thirty (30) days have elapsed since the date of death of the Decedent. 11. That Dale E. Blomquist died on the 24 day of August, 1988 and he had a Will that bequeathed his entire estate to the Blomquist Family Trust, dated August 6, 1982. 12. That pursuant to the Petition and Affidavit for Distribution of Estate, the share of the right, title and interest of Decedent to said oil leases and royalty interest vested upon his death in said trust in the following manner: Name Share of Decedent's Estate Blomquist Family Trust, dated August 6, 1982 100% 13. That no objections, written or oral, have been filed with the Court by any party whomsoever, as to the above captioned matter. Based upon the aforesaid, the Court makes the following: CONCLUSIONS OF LAW 1. That the Court has full and complete jurisdiction over the subject matter and all interested Parties in this cause. 2. That the file of record herein is complete and meets all the requirements of §2 -1 -205 (1997) for relief prayed for in the application. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that at the aforesaid date of death of the Decedent, the trust entitled to this estate is: Name Share of Decedent's Estate Blomquist Family Trust, dated August 6, 1982 100% IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Blomquist Family Trust, dated August 6, 1982 is the present owner of the entire mineral interest, oil leases and royalty interest held by Ellen McAllister Blomquist, also known as Ella McAllister Blomquist in Wyoming, thereby vesting in said Blomquist Family Trust, dated August 6, 1982 that mineral interest, oil leases and royalty interest in the following described real property: Probate \Blomquist \Decree Nunc Pro Tunc Federal Oil and Gas Lease: USA WYE- 07708 -C Tract 2 Township 26 North, Range 113 West, 6' P.M. Section 3: SW /4SE' /4 Section 10: W %2SW' /4 containing 120.00 acres Lincoln County, Wyoming -3- Federal Oil and Gas Lease: USA WYE- 07798 -D Tract 3 Township 26 North, Range 113 West, 6 P.M. Section 3: Lots 8, 9, E1/4SE1/4 Section 10: N1/4NE1/4, E1/4SW1/4 containing 320.00 acres Lincoln County, Wyoming an undivided one -third (1/3) interest in: Federal Oil and Gas Lease: USA WYE- 07798 -E Tract 4 Township 26 North, Range 113 West, 6 P.M. Section 2: Lot 4 Section 10: SE1/4 Section 11: Lots 1, 2, 3, 4, W1/4E1/4, N1/4NW1/4, SE1/4NW1/4, SW1/4 Section 14: Lots 1, 2, W1/4E1/4, N1/4NW1/4, SW' /4NW' /4 Section15: N' /2N1/4 containing 1,270.64 acres Lincoln County, Wyoming IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this decree shall be recorded in the Office of the County Clerk; and thereafter the decree and record thereof shall be presumptive evidence of title to the property herein described. DONE IN CHAMBERS tJ f day of Probate \Blomquist \Decree Nunc Pro Tunc Di Gott Judie ��Y' of WYC3�'iQlt9G e N COUNTY 1, Koe,ne0 D Rebe KG, flee oft e f1 rd J s CL AD 1V ict CoLtI ,'J;tbil, v flia. fol"osatd hr 1 pby c r 1;fy thi.: 1. s g :lc'lg $o b a fun true, and co lete SIGNED -4-