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HomeMy WebLinkAbout978771978771 10/10/2014 3:58 PM LINCOLN COUNTY FEES: $36.00 PAGE 1OF 9 BOOK: 841 PAGE: 161 MISCELLANEOUS JEANNE WAGNER, LINCOLN COUNTY CLERK 11111111 111111 1111 111111 1111111 111111 11111 11111 11111 11111 11111 1111 111111 1111 1111 M. Kevin Voyles, 6 -2603 LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for the Estate of Rex Kay Radford IN THE DISTRICT COURT OF THE THI "'1; J J I:ICIAL DIST IN AND FO STATE OF WYOMING SS. COUNTY OF LINCOLN THE C UNTY OF LINC IN THE MATTER OF THE ESTATE OF REX KAY RADFORD, Deceased. LETTERS TESTAMENTARY IN THE MATTER OF THE ESTATE OF REX KAY RADFORD LETTERS TESTAMENTARY PAGE 1 OF 2 LN, STATE OF WYOMING Probate No. PR- 2013 -26 -DC SEP 1 5 2G KENNETH D. ROBERTS CLERK OF DISTRICT COURT 3rd JUDICIAL DISTRICT LINCOLN COUNTY, STATE OF WYOMING CT THE LAST WILL AN I TESTAMENT OF REX KAY RADFORD, a copy of which is attached hereto, having been proved and admitted to probate by an Order issued by the District Court for the Third Judicial District, in and for the County of Lincoln, State of Wyoming, on the 28th of May, 2013, and F. MICHAEL KIBBIE having been appointed by said Court in said Order as Personal Representative of the Estate of Rex Kay Radford, and said Personal Representative having heretofore sworn and subscribed an Oath to perform the duties of that position according to law; thereafter, upon motion, G. TROY 'PARKINSON having been appointed by the Court in an Order dated September 6. 2014, as Co- Personal Representative of the Estate of Rex Kay Radford, and said Co- Personal Representative having heretofore 'sworn and subscribed an Oath to perform the duties of that position according to law; NOW, THEREFORE, THESE LETTERS TESTAMENTARY ISSUE to confirm the appointment of F. MICHAEL KIBBIE as Personal Representative of the Estate of Rex Kay Radford, deceased, and the appointment of C. TROY PARKINSON as Co- Personal Representative of the Estate of Rex Kay Radford, who are authorized, together or individually, to act on behalf of the Estate of Rex Kay Radford. That M. KEVIN VOYLES, of LUTHI VOYLES, LLC is hereby appointed pursuant to Wyoming Statutes 2 -11 -301 as the Personal Representative's and Co- Personal Representative's agent and attorney upon whom any order, notice, or process issued out of this Court or any court within the State of Wyoming may be served; such service to have the sane effect as if served upon the Personal Representative or Co- Personal Representative for the purposes of this probate, WITNESS my hand and the seal of the District Court for the Third Judicial District, in and for the County of Lincoln, State of Wyoming, this I day of September, 2014. BY: KENNETII D. ROBERTS DISTRICT COURT CLERK .l EP TY C g I RT CLERK IN THE NJATTER OF THE ESTATE OF RIEX KAY RADFORD LETTERS TESTAMENTARY PAGE 2 OF 2 I, Rex K. Radford, a resident of Etna, Wyoming being of sound and disposing mind and memory and over the age of eighteen (18) years do hereby make, publish and declare this to be my Last Will and Testament, hereby revolting all prior Wills and Codicils at any time heretofore made by me, LAST MU AND TESTAMENT OF REX Ka RADFORD I am currently a widower, having been married to Linda Cheny Radford from 1958 until the date of her death, January 1, 2011. ARTICLE I Appointment of Personal Representative, Delegation of Powers I name, constitute and appoint Dee Jay Radford of 7120 E. Falco Drive, Idaho Falls, Idaho 83401 as Personal Representative to administer my estate. If Dee Jay Radford shall fail, cease, or be unable to serve as Personal Representative for any reason, then Troy Parkinson shall serve as successor Personal Representative of my estate. The tern "Personal Representative" has the same meaning as the term "executor" herein. Should the laws of the state in which my Last Will and Testament is probated allow it and if (and only if) my Personal Representative is Dee Jay Radford then my Personal Representative shall not be required to furnish a bond for the faithful performance of his duties as Personal Representative. In the event the laws of the state in which my Last Will and Testament is probated allow it, I authorize my Personal Representative to administer my estate independently without adjudication, order or direction of any court. The decision to administer my estate independently or under court supervision shall rest solely with my Personal Representative. I direct my Personal Representative to abide by the unanimous consensus of my three children as to the distribution of the real and personal property of my estate, provided, however, that if $here are one or more specific real or personal property items of my estate about which my three children do not agree, then, with respect to the disputed item(s), I grant to my personal representative all powers conferred upon personal representatives and executors wherever my personal representative may act. I also grant to my personal representative, subject to the same primary authority of my three children when they are unanimously decided on a question of the distribution of any real or personal property of my estate, the power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any 4e,4- vPr property to secure loans; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "personal representative" wherever used herein shall mean the personal representatives, executors, executor, executrix or administrator in office from time to time. ARTICLE 11 Burial Payment of Debts A. I direct my Personal Representative to pay all of the expenses of my last illness, burial, and funeral expenses as soon as practicable after my death. My Personal Representative is further authorized to pay honorarium to any clergymen in conjunction with my funeral and the travel costs of any beneficiaries of this Will who have traveled from their residence to attend my funeral B. As soon as practical after my death, I direct my Personal Representative to pay any debt or claim which he /she or a court determines to be legally enforceable against my estate. In the absence of a court order, my Personal Representative shall have absolute discretion to determine that a debt is legally enforceable against my estate. However, if at the time ofmy death any of the real property herein devised is subject to a mortgage, I direct that the devisee taking said mortgaged property shall take it subject to such mortgage and that the devisee shall not be entitled to have the mortgage paid out of my general estate. C. All expenses of administration ofmy estate shall first be paid out of the residuary ofmy estate (Article V below) until exhausted, next out of charitable bequests found in Article III below until exhausted, and lastly out of specific bequests found in Article IV below. D. Direction to Pay All Taxes From Residuary of My Estate. I direct that all taxes of whatever kind be paid out of the residuary ofmy estate. The term "residuary ofmy estate" generally refers to those assets remaining after all debts and expenses of administration of the estate have been paid and, also, after payment of all charitable bequests made in Article III below and all specific bequests made in Article IV. Should the residuary ofmy estate be insufficient to pay taxes, the Personal Representative shall take pro rata from my charitable bequests made in Article III sufficient sums to pay the taxes. Should the taxes still not be satisfied after exhaustion of the residuary ofmy estate and my charitable gifts, the Personal Representative shall take pro rata from my specific bequests made in Article IV sufficient sums to pay the taxes. The Personal Representative is not to seek, through force of law, contribution for the payment of taxes from any of my beneficiaries or from individuals to whom I have made gifts during life. Last Will and Testament Rex K. Radford Page 2 of 5 ARTICLE I1111I Charitable Gifts 1 hereby give and bequeath the following below- described sums of money or items of personal or real property, as the ease may be, to the following charities: (Reserved) ARTICLE P7 Specific Bequests Other Than Charcitalblle A. Personal Effects and Real Estate. I give and bequeath all my personal effects and real estate of every kind, and not otherwise named in Part B of this Article IV immediately below, to my children, per stirpes, in equal measure. At this time I have three children. They are: Tony Jay Radford of 39 Montgomery Street, Lawrence, MA 018414227; 1227; Kri.sta Lynn Carn of 740 Birch Creek Road, P® Box 5163, Etna, WY 83118; and Rebecka Lee Franklin, 698 Birch Creek Road, P® Box 5075, Etna, WY 83118. The term "personal effects" as used in this Article shall mean: financial accounts not otherwise specified herein, automobiles, tractors, "fifth wheel" recreational trailer home and other vehicles, household furniture and furnishings, safe deposit boxes and contents therein, items of clothing, jewelry, mementos, personal papers, awards, photographs, clothing, and other similar items of personalty owned by me at the time of my death. B. Specific Bequest(s): This will contains no specific bequests. ARTICLE V Residuary Estate, Exclusions Z bequeath my residuary estate, being that estate which cannot pass to any beneficiaries herein named by virtue of their refusal or prior death, to my grandchildren, whether they are my grandchildren by genetics, adoption or through marriage (e,g. "step grandchildren per stirpes, and any other natural or adopted child or children who is or are the legal or step child or children of Tony Jay Radford, Krista Lynn Carn and Rebeoka Lee Franklin, ARTICLE VII .1I1[SCELLANEOUS Last Will and Testament Rex K. Radford Page 3 of 5 A. lathe event that any of my property, or all of it, at the time of my death is found by a court, or determined by the personal representative, to be community property under the laws of the appropriate state for this determination, then my Will shall be construed as referring only to my community- property interest in an item of property. In no case shall my Will be construed as attempting to convey property owned by my spouse. 13. If any portion of my Will shall be held illegal, invalid or otherwise inoperative, it is my intention that all of the other provisions hereof shall continue to be fully effective and operative insofar as is possible and reasonable. O. The terra. "bequest" as used in this Will shall refer to a gift to a beneficiary of either real or personal property. D. In the event that I am survived by NONE of my remainder beneficiaries (including contingent remainder beneficiaries) named in this Will, the residuary of my estate shall be distributed according to the laws of intestate succession of the State of Wyoming. IN WITNESS 'WHEREOF, I have hereunto set my hand to my Last Will and Testament, consisting of five (5) typewritten pages, on this Wce day of January 2011. Rex K. Radford I, Rex K. Radford, the Testator, signed my name to this instrument this day of January 2011, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument at my home in Etna, Wyoming, as my Last Will and Testament, and that I sign it willingly, that I execute it as my free and voluntary act for the purpose therein expressed, and that I am an adult person of sound mind, under no constraint or undue influence. Re x�.Rdford Last Wi(1 and Testament Rex K. Radford Page 4 of 5 We, Ka re. n Yi 3 /1 and fil s c- 6'1a f k i s45 al the witnesses, sign our names to this instrument at the home of Rex K. Radford in Etna, Wyoming, being first duly sworn. Each of us declares under penalty of perjury under the laws of the State of Wyoming, where we sign this instrument, that the following is true and correct: (a) On the date written below the maker of this Will declared to us that this instrument was the maker's Will and requested us to act as witnesses to it; (b) We understand this is the maker's Will; (c) The maker signed this Will in our presence, all of us being present at the same time; (d) We now, at the maker's request, and in the maker's and each other's presence, sign below as witnesses; (e) We believe the maker is of sound mind and memory; (f) We believe that this Will was not procured by duress, menace, fraud or undue influence; (g) The maker is age 18 or older; and (h) Each of us is now age 18 or older, is a competent witness, and resides in the city set forth above. sr nature Print Name; (signature) a f (z;, k i )/I 5'01 Pr� t N ame; i�'�l `e..A Gt e. L K ha. a�`'�,� 4 II 3 6kU Address: l R e'rt1 r i STATE OF WYOMING COUNTY OF LINCOLN Notary Public My Commission Expires: ILEON/' IRDE R ©E h N a NOTARY PJJSUC Country ou s afi Wyoueng Tehat My Oorrimiss�orn Expires J €ag of P.C; V 2. 4�H u6`�iryy'�(�y' %�a�i14'iEr•�- COY^' u% :9Y1"`!ri1'C3s'N:i'S�'Z.�y^f•a ✓S:CVb Last Will and Testament Rex K. Radford Page 5 of 5 Address: 4,65 5 3 V 6 6 69FFefyi I, the undersigned, a Notary Public authorized to administer oaths in the Staje f Wyoming, certify that Rex K. Radford, the testator, and the witnesses, g v? 1 ax A M5(.7/1 and frucA e. L Par ki" 50 whose names are signed to the attached instrument, having appeared together before me and having been first duly sworn, each then declared to me that the testator had willingly signed and executed the instrument as his Last Will and Testament, and that he executed such instrument as his free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testator, signed the Will as witness and that to the best of his or her knowledge the testator was at that time eighteen (18) or more years of age, of' sound mind, and under no constraint or undue influence. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal this day of January 2010. P FIRST CODICIL TO WILL OF IBEX K.RAID FORD I, Rex K. Radford, a resident of Etna, Wyoming, make this codicil to the Last Will and Testament of Rex K. Radford dated January 26, 2011: 1. I revoke the two paragraphs of Article I of that will and insert in lieu thereof the following: I name, nominate and appoint F. Michael Kibbie, of Etna, Wyoming as personal representative to administer my estate. If F. Michael Kibbie shall fail, cease, or be unable to serve as Personal Representative for any reason, then Troy Parkinson shall serve as successor personal representative of my estate. The term "Personal Representative" has the same meaning as the term "executor" herein. Should the laws of the state in which my Last Will and Testament is probated allow it and if (and only if my Personal Representative is F. Michael Kibbie then my Personal Representative shall not be required to furnish a bond for the faithful performance of his duties as Personal Representative. 2. In all other respects, I confirm and republish the will of Rex K. Radford dated January 26, 2011. This codicil shall be given effect to the fullest extent permitted by applicable law. IN WITNESS WHEREOF I have signed this codicil, consisting of two pages, the following page included, this day of March 2013. We certify that the above instrument was on the date thereof signed and declared by REX K.RADFORD as a codicil to the will of Rex K. Radford dated January 26, 2011, in our presence and that we, at the request and in the presence of Rex K. Radford and in the presence of each other, have signed our names as witnesses thereto, believing Rex K. Radford to be of sound mind and memory at the time of signi ‘'I/a/vArfichz STATE OF IDAHO COUNTY OF BONNEVILE Subscribed, sworn to and acknowledged before me by REX K.RADFORD, the testator, and subscribed and sworn to before me by each of the above witnesses, this�.�7day of. March 2013. Residing at Residing at 66 VO t cia5 2 OTARY PUBLIC