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Home My WebLink About978819978819 10/15/2014 1:20 PM LINCOLN COUNTY FEES: 566.00 PAGE BOOK: 841 PAGE: 308 AFFIDAVIT JEANNE WAGNER LINCOLN COUNTY CLERK II 11 III 1111111 III III III III II 1111 1111111 II I111!I III 11 1OF 19 AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF HAROLD PRESS STEWART COME NOW HAROLD VAL STEWART, DALE FRANCIS STEWART, MICHAEL JOE STEWART, PAMELA GAYE DRISCOLL, TIMOTHY WAYNE STEWART, and BRADLEY J. STEWART, after being sworn and under oath, hereby stating pursuant to Wyoming Statutes 2 -1 -201, which authorizes Affidavits of Distribution, as follows: 1. That Harold Press Stewart, a resident of Star Valley Ranch, Wyoming died on May 30, 2013. An official copy of the Certificate of Death issued by the State of Wyoming is attached hereto. 2. That Harold Press Stewart owned the following motor vehicles titled and registered in the State of Wyoming: a. 2004 Chrysler Sedan, VIN: 3C8FY78G14T230019; and b. 1997 Sunnybrook Travel Trailer, VIN: 4L 1 BAS0P29V 1 B08346. 3. That Harold Press Stewart owned the following motor vehicle titled in the State of Oregon and registered for non- resident purposes in the State of Wyoming: a. 1992 Alpha RT 40' Travel Trailer, VIN: 1AU18503XNA002239. AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF HAROLD PRESS STEWART PAGE 1 OF 9 4. That Harold Press Stewart died testate. A copy of his Will, dated April 1, 2004, is attached hereto. 5. That the last Will of Harold Press Stewart provides that the beneficiaries of his estate with respect to personal and household property, after the death of his wife, Erlene Stock Stewart on March 2, 2008 (an official copy of the Certificate of Death issued by the State of Wyoming is attached hereto), are Harold Val Stewart, Dale Francis Stewart, Michael Joe Stewart, Pamela Gaye Driscoll, Timothy Wayne Stewart and Bradley J. Stewart. hereby state: 6. That, in accordance with the requirements of Wyoming Statutes 2- 1- 201(a), we a. That the value of the entire estate of Harold Press Stewart, wherever located, less liens and encumbrances, does not exceed Two Hundred Thousand Dollars (5200,000.00). Stewart. b. That Thirty (30) days have elapsed since the death of Ilarold Press c. That no application for appointment of a Personal Representative is pending or has been granted in any jurisdiction in Wyoming. d. That pursuant to the above referenced Will, we, as the beneficiaries thereof, are entitled to title to the above- referenced vehicles. There are no other persons or entities having a right to that asset under probate proceedings. AFFIDAVIT OF DISTRIBUTION PURSUANT TO WVO\IING STATUTES 2 -1 -201 FOR THE ESTATE OF HAROLD PRESS STEWART PAGE 2 OF 9 7. That we hereby request that title to the above referenced vehicles be titled in the name of "Pamela G. Driscoll," with the address of record being: "P.O. Box 299, Thayne, Wyoming 83127." {Separate signature pages follow} AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF IIAROLD PRESS STEWART PAGE 3 OF 9 DATED this STATE OF WYOMING SS. COUNTY OF LINCOLN ON THIS, the K v11-\ day of October, 2014, PAMELA GAYE DRISCOLL, affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of Distribution are, to the best of his knowledge, information, and belief, true and complete. WITNESS my hand and official seal. CHARLES M. CLINGER NOTARY PUBLIC COUNTY OF STATE OF LINCOLN �l- WYOMING MY COMMISSION EXPIRES APRIL 2, 2017 My Commission expires: day of October, 2014. AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF HAROLD PRESS STEWART PAGE 7 OF 9 >42e eg2 PAMELA GAYE IRISCOLL DATED this g of October, 2014. STATE OF WYOMING SS. COUNTY OF LINCOLN ON THIS, the4 of October, 2014, HAROLD VAL STEWART, affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of Distribution are, to the best of his knowledge, information, and belief, true and complete. WITNESS r l% I i j i ti 9 ficial seal. „OTA/ l 4/ My Commission��lt�� °I im AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYONI1NG STATUTES 2 -1 -201 FOR THE ESTATE OF HAROLD PRESS STEWART PAGE 4 OF 9 d HAROLD VAL ST RT 1OTARY PUBL1C 02"--4k—a- DATED this 6H —da of October, 2014. STATE OF WYOMING SS. COUNTY OF LINCOLN ON THIS, the ''"j' day of October, 2014, DALE FRANCIS STEWART, affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of Distribution are, to the best of his knowledge, information, and belief, true and complete. `��I1� 1cia1 seal. WITNESS, ,,*114 ��OTARy %)5• P UB LAC' My Commission expires: AFFIDAVIT OF DISTRIBUTION PURSUANT TO \VY'ONIING STATUTES 2 -1 -201 FOR THE ESTATE OF HAROLD PRESS STEWART PAGE 5 OF 9 NOTARY P ICS DATED this day of October, 2014. STATE OF WYOMING SS. COUNTY OF LINCOLN ON THIS, the E.) day of October, 2014, MICHAEL JOE STEWART, affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of Distribution are, to the best of his knowledge, information, and belief, true and complete. ��0111111/0 i WITNF,�9�.11yi official seal. ,OTAq is m► 2 UBLV G My Commission expires: AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF HAROLD PRESS STEW'ART PAGE 6 OF 9 NOTARY PUBLIC- DATED this 4 day of October, 2014. STATE OF WYOMING SS. COUNTY OF LINCOLN oty b4 et/An official seal. WIT fir r d k0TA10 y Ow- i,COUNi My Commission exp AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR TIIE ESTATE OF HAROLD PRESS STEWART PAGE 8 OF 9 W2 TIMOTHY AYNE STEWART ON THIS, the P; day of October, 2014, TIMOTHY WAYNE STEWART, affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of Distribution are, to the best of her knowledge, information, and belief, true and complete. Oct. 7. 2014 4 :19PM DATED this day of October, 2014. STATE OF /P6/h_ )SS. COUNTY OF Abr a ON TB'S, the day of October, 2014, BRADLEY J. STEWART, affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of Distribution are, to the best of her knowledge, information, and belief, true and complete. WITNESS my hand and official seal. My Commission expires: J. WART BRADLEX AFFIDAVIT OF DISTIMUTION PURSUANT TO WYo 1NG STATUTES 2 -1.201 FOR THE ESTATE OF HAROLD MESS STEWART PAGE 9 OF 9 No. 0789 P. 6/10 Date Filed MARCH' 07., 2008 DECEDENT LEGAL NAME FRLENE STOCK STEWART NAME AND ADDRESS OF FUNERAL FACILITY MATTHEWS MORTUARY, INC., MONTPELIER, IDAHO This is a true and correct reproduction of the document officially registered and placed on file with the IDAHO BUREAU OF HEALTH POLICY AND VITAL STATISTICS. MARCH 10, 2008 DATE ISSUED: This copy not valid unless prepared on engraved border displaying state seal and signature of the Registrar. 1t PBNCO IRUr1 1 I.M A \l. row.. ii "WO Ar.Ap,v q tlAl J 'AA %A AAlIAL 1AA.1AAAfltlfl. STATE OF IDAHO IDAHO DEPARTMENT OF HEALTH AND WELFARE BUREAU OF HEALTH POLICY AND VITAL STATISTICS CERTIFICATE OF DEATH State File No. 2008 -01609 SIX SOCIAL SECURITY NUMBER AGE DATE OF BIRTH FEMALE 83 YEARS SEPTEMBER 30, 1924 BIRTHPLACE PLACE OF RESIDENCE BINGHAMPTON, ARIZONA THAYNE, WYOMING MARITAL STATUS AT TIME OF DEATH NAME OF BUR'NIN'G SPOUSE (If DATE OF DEATH TIME OF DEATH CITY.TOWN OR LOCATION OF DEATH COUNTY OF DEATH MAR. 02, 2008 3:35 A.M. MONTPELIER, IDAHO BEAR LAKE CASE OF DEATH (underlying cause last) Approximate Interval Between Onset and Death a. CEREBRAL VASCULAR ACCIDENT 1 WEEK DUE TO (or as a consequence W). b HYPOGLYCEMIA 3 DAYS DUE TO (or as a consequence of): `DIABETES MELLITUS YEARS DUE TO (or as a consequence ot): d. OTHER SIGNIFICANT CONDITIONS CONTRIBUTING TO DEATH but not resulting in the underlying cause given above WAS AN AUTOPSY PERFORMED? NONE STATED NO MANNER OF DEATH NAME OF CERTIFIER TITLE NATURAL JACK CLARK, M.D. PHYSICIAN CORONER SUBSEQUENT CERTIFICATION IF NECESSARY DATE OF INJURY AMMOWNIANNORNOOWN TIME OF INJURY PLACE OF INJURY INJURY AT WORK? LOCATION WHERE INJURY OCCURRED DESCRIPTION OF HOW INJURY OCCURRED .1A.. V.A AAA ki O AAA AAI_I.A A A -A. A 1 A .f.J.!_A MI .A l_ a �nr�� a I 111W*. W� t+Itt l J J� 1 Il 4Y a)j CERTIFICATION OF VITAL RECORD a 5�- Y t u ,=Y r s rte_ v) vr,vNAPivi rvY rrxv: rv' v' v: rr..rrrJvw'R'virvyvvrv Jvvvp:.•.•.yy •.n °rvvir.:JM1'vvYrV ri• yv.. y... n° nr)°:' ryvrvvvJYv r y:" v r: Y.::. c: x•:• iv' rv :4Y•n�v}M1'ji' %YY'YYYV'I'lY Y V) is 0 41: l540 ti'au0M ;.1 tJ A AmorlannBroacNoteComp.my Additional DeedntInfor Place of Birth: Residence: Armed Forces: NUrne of Father: .Name of Mather: Informant: Other Significant OonditiOns: 'Manner Of Death: Decedent: Name: Harold Press-Stewart Gender Male Date of Birth: July 11, 1923 DEPARTMENT OF HEALTH CERTIFICATE OF DEATH Thls is a true certification of the document on file in the office of Vital Statistics Services, Cheyenne, Wyoming: LATEISSUED d e nesd6i, July 24;.201.3 This copy.,is notyalid uplessyrepared on paper with. anengrayedborder State File Number: .Social Security Number: Age at the Time of Death: Time of beattp.- Physician Kitchener Head, M.D. Hospital.Lanei.po Box 679, Afton, .VVyomingi.8311 Lincoln 89 years 17:49 (Actual) 2013-002193 d a„,,,,s5(ma;4, James McBride Deputy State Registrar 4 ,t r u l to war CERTIFICATIO ITAL RECORD kt,'t An& VOIDS THIS 47.,■411- WILL OF HAROLD PRESS STEWART 3 JUL IZ 2 35 HI '13 CLEW; COURT TABLE OF CONTENTS Page No. ARTICLE 1: DISPOSITION OF ESTATE 1.01 Personal and Household Property. 1 1.02 Residue 1 ARTICLE 2: FIDUCIARIES 2.01 Personal Representatives 2 2.02 Powers of Alternate Fiduciary 2 2.03 Ancillary Fiduciaries 2 2.04 Bonds Waived 2 2.05 Compensation of Personal Representatives 2 2.06 Exculpation 2 ARTICLE 3: ADMINISTRATION OF ESTATE 3.01 Payment of Taxes 2 3.02 Summary Administration 2 3.03 Administrative Powers 3 3.04 Tax Elections 3 3.05 Release of Powers 3 3.06 Third Party Reliance 3 ARTICLE 4: MISCELLANEOUS PROVISIONS 4.01 Persons under Legal Disability 3 4.02 Effect of Opposition to Will 3 4.03 Definitions 4 4.04 Constructional Rules 4 I, HAROLD PRESS STEWART, a resident of Clark County, Nevada, hereby make my last will and revoke all previous wills and codicils. I am married to ERLENE STOCK STEWART. I have six living children: Harold Val Stewart, born September 24, 1947; Dale Francis Stewart, born April 25, 1949; Michael Joe Stewart, born September 16 1950; Pamela Gaye Driscoll, born May 23, 1952; Timothy Wayne Stewart, born July 12, 1955; and Bradley J. Stewart, born November 29, 1961. I have no other children, living or deceased. ARTICLE 1: DISPOSITION OF ESTATE WILL OF HAROLD PRESS STEWART 1.01 Personal and Household Property. (a) Gift By Written Statement. I give all personal and household property in my estate in accordance with a statement signed by me or in my handwriting that I may leave at my death. (b) Gift to Wife. I give any personal and household property not disposed of by written statement to my wife, if she survives me. (c) Gift if Wife Fails to Survive. If my wife fails to survive me, I give any personal and household property not disposed of by written statement to my children who survive me, to be divided among them in shares of substantially equal value as they may agree. If our children are unable to agree with respect to the allocation of any item of personal and household property within six months after my death, my personal representative shall sell or otherwise dispose of the item and distribute any proceeds as part of the residue of my estate. (d) Payment of Costs. My personal representative shall pay the costs of securing, storing, insuring, packing and shipping all personal and household property as an expense of administering my estate. 1.02 Residue. (a) Devise to Living Trust. By trust agreement dated February 13, 1968, as amended and restated by instrument of even date with this will (the "trust agreement my wife and I established The Harold P. Stewart 1968 Trust. I give the residue of my estate to the trustees of The Harold P. Stewart 1968 Trust, for administration, division and distribution in accordance with the trust agreement, as in effect at the time of death. (b) Discharge of Personal Representatives. Receipt by the trustees of The Harold P. Stewart 1968 Trust of the residue of my estate shall constitute a full discharge of my personal representatives' responsibility for such property. (c) Confidentiality of Trust Records. Neither the trust agreement nor any inventory or other record relating to The Harold P. Stewart 1968 Trust shall be filed with the records of my probate estate, unless required by law. ARTICLE 2: FIDUCIARIES 2.01 Personal Representatives. I nominate as my personal representative following my death, my son, Michael Joe Stewart, and if he is unable or unwilling to serve, then I nominate my son, Timothy Wayne Stewart, as his alternate. 2.02 Powers of Alternate Fiduciary. A duly appointed alternate fiduciary shall have all of the title, rights, powers and duties of the original fiduciary without any act of transfer. No alternate fiduciary shall be obligated to examine the accounts, records and acts of any previous fiduciary or to proceed against any previous fiduciary for any act or omission to act. 2.03 Ancillary Fiduciaries. If a representative of my estate is required to qualify as a fiduciary in a jurisdiction other than my domicile, I nominate the person (including my domiciliary personal representatives) my domiciliary personal representatives appoint. The ancillary fiduciary shall have in the other jurisdiction all of the rights, powers and duties of my fiduciaries under this will and under the laws of the other jurisdiction. 2.04 Bonds Waived. Each fiduciary shall be permitted to qualify without giving a bond or other undertaking in any jurisdiction for the performance of the fiduciary's duties, or, if bond is required by law, without the necessity of sureties. 2.05 Compensation of Personal Representatives. My personal representatives are entitled to reasonable compensation commensurate with services actually performed and to reimbursement for expenses properly incurred. 2.06 Exculpation. A fiduciary shall not be liable for an act or omission done in good faith to promote the best interests of the beneficiaries, unless the act or omission constitutes gross negligence, intentional misconduct or a knowing violation of law. A fiduciary's act or omission shall be presumed to be a proper exercise of the fiduciary's authority, in the absence of clear and convincing proof to the contrary. ARTICLE 3: ADMINISTRATION OF ESTATE 3.01 Payment of Taxes. All estate, transfer, inheritance and similar taxes payable by reason of my death shall be paid and apportioned by the trustees of The Harold P. Stewart 1968 Trust in accordance with the direction contained in the agreement governing such trust, as in effect at the time of my death. 2 )-71/°5 3.02 Summary Administration. To the extent permitted by law, my personal representative shall administer and settle my estate free from active court supervision unless changed circumstances that I could not have anticipated justify court supervision to protect the interests of the beneficiaries. 3.03 Administrative Powers. Subject to any limitations under other provisions of this will, my personal representative shall have power and authority, without authorization or approval of any court, to perform every lawful act she considers advisable in the management of my estate. 3.04 Tax Elections. (a) General Grant of Authority. My personal representatives may make any elections and give any consents with respect to tax matters applicable to me or my estate. (b) Trustees' Decision Controls. If both my personal representatives and the trustees of The Harold P. Stewart 1968 Trust are authorized to act with respect to any tax matter applicable to my estate, the decision of the trustees shall control and my personal representatives shall sign and file such documents and take such other action as may be necessary to effectuate the trustees' decision. 3.05 Release of Powers. My personal representative at any time may release any authority, right or power pertaining to the administration of my estate, temporarily or irrevocably, by signed notice filed in the records of my estate. 3.06 Third Party Reliance. For the purpose of verifying my personal representative's authority to perform any act referred to in this Article 3, any person dealing with my personal representative may rely on a copy of this will or selected excerpts from this will, certified as correct by a notary public, to the same extent as if the certified copy were the original. No person dealing with my personal representative shall be under any obligation to see to the application of any payment made to my personal representative or to inquire into the validity, expediency or propriety of any of my personal representative's acts or omissions. ARTICLE 4: MISCELLANEOUS PROVISIONS 4.01 Persons under Legal Disability. The guardian or conservator of the estate of a person under legal disability or, if none, the person having the right of custody of the person, and any adult ancestor of an unborn person, may act for the disabled or unborn person for all purposes of this will, including, without limitation, receipt of notices and reports, approval of investments and accounts and consent to allocations and distributions. 4.02 Effect of Opposition to Will. If any beneficiary under this will, in any manner, contests or objects to the admission of this will to probate, disputes the validity or effect of any provision of this will or exercises any right to take a share of my estate contrary to the provisions 3 of this will, such beneficiary and all of his or her descendants shall be deemed to have predeceased me for all purposes of this will. 4.03 Definitions. Unless the language or context clearly indicates that a different meaning is intended, the terms in quotations have the meanings specified in this Article 4.03. (a) Wife. "My wife" means Erlene Stock Stewart only. (b) Children. "My children" means Harold Val Stewart, Dale Francis Stewart, Michael Joe Stewart, Pamela Gaye Driscoll, Timothy Wayne Stewart and Bradley J. Stewart. (c) Personal and Household Property. "Personal and household property" means tangible personal property used for personal purposes, including personal automobiles, recreational vehicles and equipment, boats, household goods, furniture, furnishings, garden and lawn equipment, tools, books, china, crystal, jewelry, silverware, works of art, collections, clothing, personal effects, pets and similar items of tangible personal property. A devise of my personal and household property includes any associated insurance policies, including pending claims, and is subject to all liens and encumbrances. (d) Residue of My Estate. The "residue drily estate" means all property passing under this will that remains after all specific and general devises have been satisfied and all debts and other charges to principal have been paid. (e) Person. "Person" means a legal entity, including, without limitation, a natural person, a corporation, a partnership, a limited liability company, a trust and an association. (f) Personal Representative. "Personal representative" and any pronoun in reference to personal representative always refer interchangeably to the male or female person or persons or to the institution or any combination of them then acting as personal representative under this will. 4.04 Constructional Rules. The following constructional rules shall govern the interpretation of this will. (a) Discretion of Personal Representative. My personal representative's power to determine the extent and nature of any distribution under this will shall be exercisable in my personal representative's discretion and no beneficiary or other person interested in my estate shall have standing to object to my personal representative's reasonable exercise of such power. (b) Order of Deaths. A person shall be deemed to have survived me only if such person is living on the date that is 30 days after the date of my death. 4 (c) Court Decrees. Any decree of adoption or divorce at any time rendered by a court of record shall conclusively be deemed valid. (d) Governing Law. Nevada law shall govern all questions as to the validity and construction of this will. (e) Other Principles of Construction. Words in any gender include the other gender; the singular includes the plural and vice versa; "pay' and "distribute" also mean assign, convey and deliver; and the table of contents, headings and underlined paragraph titles are for guidance only and shall have no significance in the interpretation of this will. IN WITNESS WHEREOF, I, Harold Press Stewart, the testator, sign my name to this instrument this 1st day of April, 2004, and, being first duly sworn, declare to the undersigned authority that I sign this instrument as my will and that I sign it willingly, that I sign it as my free and voluntary act for the purposes expressed in it, and that 1 am 18 years of age or older, of sound mind, and under no constraint or undue influence. This instrument was subscribed on the date which it bears by the testator, Harold Press Stewart, and at the time of subscribing was declared by him to be his last will and testament. The subscription and declaration were made in our presence, we being present at the same time; and we, at his request, and in his presence and in the presence of each other, have affixed our signatures hereto as witnesses. STATE OF NEVADA )ss. COUNTY OF CLARK Then and there personally appeared the within named f f� and who being duly sworn, depose and say: That they witnessed the execution of the within will of the within -named testator, Harold Press Stewart; that the old Press Stewart Witness Address Witness Address 6 4,1,a !eat, /V1/ c i 0 5 de-' I U' i 5� testator subscribed the will and declared the same to be his last will and testament in their presence; that they thereafter subscribed the same as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory, and that they make this affidavit at the request of the testator, KARIN SUE ODELL Notary Public, State of Nevada Appointment No, CO- 63151.1 My Appt, Expires June 15, 2004 Witness Witness Subscribed and sworn to before me this 1 day of April, 2004. 06tc Notary Public in and for said county and state