HomeMy WebLinkAbout979845COME 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 Arizona:
a. 2005 Toyota SLT 12VN; VIN: 5TDZA22C75S281824; and
3. That Harold Press Stewart died testate. A copy of his Will, dated April 1, 2004, is
attached hereto.
979845 12/26/2014 11:02 AM
LINCOLN COUNTY FEES: $60.00 PAGE 1. OF 17
BOOK: 845 PAGE: 460 AFFIDAVIT
JEANNE WAGNER LINCOLN COUNTY CLERK
11111111111111 ll 1111 illll II 10111111
AFFIDAVIT OF DISTRIBUTION
PURSUANT TO WYOMING STATUTES 2 -1 -201
FOR
THE ESTATE OF HAROLD PRESS STEWART
4. 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
AFFIDAVIT OF DISTRIBUTION
PURSUANT TO WYOMING STATUTES 2 -1 -201
FOR
THE ESTATE OF HAROLD PRESS STEWART
PAGE 1 OF 8
Stewart on March 2, 2008, are Harold Val Stewart, Dale Francis Stewart, Michael Joe Stewart,
Pamela Gaye Driscoll, Timothy Wayne Stewart and Bradley J. Stewart.
hereby state:
5. 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
($200,000.00).
Stewart.
b. That Thirty (30) days have elapsed since the death of Harold 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 vehicle. There are no other persons or
entities having a right to that asset under probate proceedings.
6. That we hereby request that title to the above referenced vehicle be titled in the
name of "Ryan Stewart," with the address of record being: "P.O. Box 1174, Thayne, Wyoming
83127."
{Separate signature pages follow}
AFFIDAVIT OF DISTRIBUTION
PURSUANT TO WYOMING STATUTES 2 -1 -201
FOR
THE ESTATE OF HAROLD PRESS STEWART
PAGE 2 OF 8
DATED this I1 4day of October, 2014.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ON THIS, the c 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 my hand and official seal.
My Commission expires: t ‘2
HAROLD VAL STEWART
tncwot Vituka
NOTARY P U LIC
AFFIDAVIT OF DISTRIBUTION
PURSUANT TO WYOMING STATUTES 2 -1 -201
FOR
THE ESTATE OF HAROLD PRESS STEWART
PAGE 3 OF 8
yg4-,Azekutis
DATED this 0t day of October, 2014.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ON THIS, the 10 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.
WITNESS my hand and official seal.
My Commission expires: �P
AFFIDAVIT OF DISTRIBUTION
PURSUANT TO WYOMING STATUTES 2 -1 -201
FOR
THE ESTATE OF HAROLD PRESS STEWART
PAGE 4 OF 8
NOTARY PUBL1t
DATED this iay of October, 2014.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
WITNESS my hand and official seal.
My Commission expires: b5)tb
AFFIDAVIT OF DISTRIBUTION
PURSUANT TO WYOMING STATUTES 2 -1 -201
FOR
THE ESTATE OF HAROLD PRESS STEWART
PAGE 5 OF 8
ON THIS, the 1 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.
NGY J D•4
�Q •••:1
*OTAi
2 pUBI.�C
oe 4,� OU Ni ;t`
DATED this n"— day of October, 2014.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ON THIS, the 11+ 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.
My Commission expires: dIDS)I9)
AFFIDAVIT OF DISTRIBUTION
PURSUANT TO WYOMING STATUTES 2 -1 -201
FOR
THE ESTATE OF HAROLD PRESS STEWART
PAGE 6 OF 8
4 -hleh ,67
PAMELA GAYE DRISCOLL
O G 'Ca■.
NOTARY P
IC
*CTAIlk
k ..rill s
,k
ice•
DATED this nil" day of October, 2014.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
TIMOTHY AYNE STEWART
1
ON THIS, the 11 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.
WITNESS my hand and official seal.
My Commission expires: (05 116
NOTARY PUBLIC
PNY• 44444444
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2 0 P UB% 2
AFFIDAVIT OF DISTRIBUTION
PURSUANT TO WYOMING STATUTES 2 -1 -201
FOR
THE ESTATE OF HAROLD PRESS STEWART
PAGE 7 OF 8
DATED this
STATE OF U t
COUNTY OF FYA,I+
day of December, 2014.
SS.
ON THIS, the 1 2) day of December, 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.
NOTARY PUBLIP
DALLAS ERICKSON
665231
COMMISSION EXPIRES
MARCH 30, 2017
STATE OF UTAH
My Commission expires: 3 o n-
777
1.0prd
BRADLEY J. STEWART
NOTARY P LIC
AFFIDAVIT OF DISTRIBUTION
PURSUANT TO WYOMING STATUTES 2 -1 -201
FOR
THE ESTATE OF HAROLD PRESS STEWART
PAGE 8 OF 8
77,7
tt'f This is a true certification of the document on file in the office of Vital
Statistics Services, Cheyenne Wyoming.
DATE ISSUED: Wednesddy, JU y24;.2013
LC
L.
This copy is no &valid yniess with en.engrayeepOrder,.,::;:.
May 30;201
Afton
Ster Vailey Medical Center 1
TAL RECoRU
D EPARTMENT OF:H
C .QF..,DEATH J
Social SecurltyNumber
Age at the Time of Death:
Physician
Kitchener Head, M.D.
1 :1.0 HospltaLLane Box 579; Afton 1Nyoming; 8311Q
July 23, 20
Lincoln
a I!
James McBride
Deputy State Registrar
t1
Decedent:
Name:
Gender:
Date of Birth:
and Place of
Date of Death:
City of Death:
Location
Additional Decedent Info
Place of Birth:
Residence
'Marital Status
Armed. Forces:
Name of Father::
Name of Mother:
Informant:
isposition:
ethod of Disposition''
lace of Disposition:.
funeral Home orFacilil
Facility:
Other Significant
Conditions
`'Manner' of Death:"
:C ertifier:
type:
flame:
Address::::
:::Date Filed:
ON
.�3.S...yt,. 7y:':l ti:l}}: tial' �'!a AW.i[f�•�•,Jgv:rC ^`:L:�... "4 ••I:[ >:•tf`:F:.r.;•��iC
;,t� x .r r�61 :t p e rPifl,. 4 ,a a d' 8 iar. Ihe
S�
CERTIFICATICr i� f
Harold Press Stewart::
Male
July 11„.1923
m atign:
Alarno „Nevada;'
Thayne, Wyoming;
WidoWed
Yes
Da■ld Le■
Jessie Lamb
Michael Jo
Gatise..of Deaths
The imrrrediafe cause' is.listed' nthe first Iine followed'
(a) Cardiorespiratory failure
(ti :),Myocardial, infarction
{c) Aging
State File Number:
2013- 002193
89 years
HAROL
it
WILL OF
PRESS STEWART
Jui 12 2 35 N «13
4
/1
CLE} ri. COURT
ARTICLE 1:
1.01
1.02
ARTICLE 2:
2.01
2.02
2.03
2.04
2.05
2.06
ARTICLE 3:
3.01
3.02
3.03
3.04
3.05
3.06
ARTICLE 4:
4.01
4.02
4.03
4.04
TABLE OF CONTENTS
DISPOSITION OF ESTATE
Personal and Household Property, 1
Residue 1
FIDUCIARIES
Personal Representatives 2
Powers of Alternate Fiduciary 2
Ancillary Fiduciaries 2
Bonds Waived 2
Compensation. of Personal Representatives 2
Exculpation. 2
ADMINISTRATION OF ESTATE
Payment of Taxes 2
Summary Administration 2
Administrative Powers 3
Tax Elections 3
Release of Powers 3
Third Party Reliance 3
MISCELLANEOUS PROVISIONS
Persons under Legal Disability 3
Effect of Opposition to Will 3
Definitions
Constructional Rules 4
Page No.
4
WILL OF HAROL PRESS STEWART
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
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, 1 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.
)1/-5
(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
th°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.
(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
shaltsign 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
3.04 Tax Elections.
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 Definitio s. 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 of my 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 nanie to this
instrument this 1' 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 l am 18 years of age or older, of sound
mind, and under no constraint or undue influence.
STATE OF NEVADA
COUNTY OF CLARK
)ss.
old Press Stewart
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.
Witness
Address v/ .e�
f G
Witness
Address /de
Then and there p rsonally appeared the within named l /i?..7a and
C ti 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
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, 00- 63151.1
My App. Expires June 15, 2004
Witness
Witness
Subscribed and sworn to before me this 1st day of April, 2004.
)(A U--12 064
Notary Public in and for said county and state
6