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HomeMy WebLinkAbout888323 RECEIVED . O,.,,-, I. CLERK LiNCOLi~.i ( ~, ¢ BOOK ~t~, J~ 4 PR PAGE~q_4_ 888323 AFFIDAVIT OF COLLECTION AND DISTRIBUTION OF DECEDENT'S PERSONAL PROPERTY The undersigned, being first duly sworn, on oath deposes and states that I am making this affidavit pursuant to Section 2-1-201, W.S.A. (2001), as amended, as Successor Trustee of the Jimmie Ann Wideman Trust dated January 26, 1998, and that I make the following statements in connection therewith: That Jimmie Ann Wideman died on or about November 6, 2002, in Lincoln County, Wyoming, and was a resident of Lincoln County, State of Wyoming, at the time of her death; that said decedent died testate; that I am the sole and only party entitled to the property of the decedent pursuant to her Last Will and Testament dated October 7, 1999, a true copy of which is attached hereto. That the value of the entire estate administration wherever located, less encumbrances, does not exceed $150,000.00. subject to liens and That more than thirty (30) days have elapsed since the date of death of the decedent. o That no application or petition for the appointment of a personal representative of said decedent is pending or has been granted in any jurisdiction. 5. That the decedent owned certain personal property that 595 was not otherwise disposed of as follows: Three (3) units of Van Kampen Merritt, Insured Municipals Income Trust (IMIT & IQTE M/S 172), Series 285, Certificate No. 2850000021 (CUSIP 45808T 64 2) The undersigned requests that the above-mentioned certificate be transferred to Kathleen Carollo, as Successor Trustee of the Jimmie Ann Wideman Trust dated January 26, 1998, P.O. Box 591, Kemmererf WY 83101. DATED this ~¥~ day of March, 2003. Kathleen Carollo, Successor Trustee of the Jimmie Ann Wideman Trust dated January 26, 1998. THE STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) Thelabove and fo~F~p~ instrument was acknowledged before me this Ilt~ day of ,~ ,.,.,~.,, , 2003, by Kathleen Carollo, Successor Trustee of the Jimmie Ann Wideman Trust dated January 26, 1998. WITNESS my hand and official seal. Nota~ Publf~ ' My Commission Expires: Counly of ~ State of Lincoln ~ Wyoming MY C°mmissi°n Expir~-s-~ L?h';~ LAST WILL AND TESTAMENT OF JI2VI2MTE, ANN- WIDEiMAN 555' I, Jimmie Ann Wideman, domiciled in Diamondville, state of Wyoming, declare this to be my Will and .I hereby revoke any prior wills and codicils made by me. ARTICLE 1.00 - DEATH TAXES All estate, inheritance and other death taxes payable by reason of my death, other'than any generation-skipping tax or any tax allocable to assets with respect to which I had a qualifying income interest for life, on any property included in my estate for tax purposes shall be paid in accordance with the directions contained 'in the trust described in Article 4.00 upon the request of my Personal Representative. If said trust is not in existence at my death, then such taxes shall be paid as an expense of administration without contribution fi.om any person and without apportionment.. ARTICLE 2.00 - STATEMENT AS TO FAMTI,Y I am a single woman, and I have no now living children. ARTICLE 3.00 - RESIDUE OF ESTATE I give my residuary estate, but not including property over which I have any power of appointment, to my successor in trust as Trustee under a Trust Agreement dated JanUary 26, 1998, created by me and executed prior to my Will, to dispose of it under the terms of the Trust Agreement, including any amendments made before my death. ARTICLE 4.00 - DESIGNATION OF FIDUCL4RFES 4.01 PERSONAL REPRESENTATIVE:. I appoint Albert Eric Newton and Kathleen Jane Newton as co-Personal Representatives. If either Albert Eric Newton or Karhleen Jane Newton shall fail to qualify or cease to act, I name Jean Marie Cattelan to serve as co-Personal Representative. 4.02 NO BOND: I direct that no Personal Representative or any successor shall be required to give any bond in'any jurisdiction and that .if, notwithstanding this direction, any bond is . required by any law, statute or rule of court, no sureties be required. ARTICLE 5.00 - POWERS OF PERSONAL REPRESENTATIVE 5.01 GRANT: In administering my estate my Personal Representative may exercise the following powers: to hold, retain, invest, rein,rest and manage ,Mthout diversification as to kind, amount or risk of. nonproductivity in.realty or personalty and without limitation by statute or role of law; to partition, gell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, 10an, contract, distribute in cash or kind or partly in each at fair market value on the date of distribution and without requiring Pro rata distribution of specific assets, hold in nominee form, continue businesses, carry out agreements, deal with itse~ other fiduciaries and business organizations in which my Personal Representative may have an interest, establish reserves, release powers and abandon, settle or contest claims. 5.02 DISTR//3UTIONS: My Personal Representative may make any payments under my Will: (a) directly to the beneficiary; (b) to the beneficiary's guardian or conservator; (c) to any person deemed suitable by my Personal Representative for the benefit of the beneficiary; (d) by direct payment of the beneficiary's expenses; or (e) in any manner 'allowed by law for gifts to minors. ARTICLE 6.00 - TAX PROVISIONS In exercising any permitted elections regarding taxes, my Personal Representative may make such decisions as it deems to be appropriate in 'all the circumstances and my Personal Representative shall be under no duty to make any compensatory adjustments as a consequence of any Such election. My Personal Representative may also execute such joint tax returns and pay such taxes or interest and deal with any tax refunds, interest or credits as it shall deem necessary or advisable, either in the: interest of the other joint taxpayer or in the interest of my estate. ARTICLE 7.00 - APPLICABLE LAW AND DEFINITIONS The manner and effect of all dispositions under my Will shall be determined under the laws of Wyoming. Definitions of terms in my Will shall be as defined in the laws of the State 0fWyoming in effect at my death. . 2 598 I Slgn myname:to this instrument this ..,--7 day of c~' ~-'~-~-~ c- : · 199~, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Will and that I sign it willingly, that I execute it as my flee and voluntary act for the purposes therein expressed and that I am eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ,5-Jimmie Ann Wideman, Testatrix ATTESTATION CLAUSE We, the undersigaaed witnesses, hereby certify that we subscribe our names in the presence of the Testatrix, and in the presence of each other at the request of the Testatrix, she having declared this to be her Last Will and Testament, and having signed her name in our presence. -~~~ ff'~_ ~,~rr~-~ Address: Witness I / PROOF OF WILL 599 We, the undersigned, on oath state that we are the Testatrix and the subscribing witnesses to. the attaChed writ-ten instrument which purports to be the Last W-~ and Testament of Jimmie Ann Wideman. On the execution date of the instrument, the Testatrix, in the presence of the witnesses, signed the instrument at the end thereof and declared the instrument to be her Last Will and Testament, and requested that the witnesses attest to the execution thereof whereupon, in the presence of the Testatix and of each other, each witness signed our respective names as attesting witnesses. At the time of the execution of the instrument, the Testatrix appeared to be over eighteen (18) years of age, of sound mind, and acting without undue influence, fraud or restraint. /<-~/-/, ,- . / .- t/Jimmie Ann Wideman, Testatrix Witness / Witnesst STATE OF WYOMING COUNTY OF'~,-~' .~.~_A2/Subscribed, sworn to and acknowledged before Ce by Jimn~e A)~ Wideman, the Testatr/x, bscribed an4-,tsworn to before me by' ~ ~{[, ~ and '#/% ,~JL~d~ , witnesses, this .,7 day of ~~ , -~09~}.' - ' ' My commission expires: Not~.~ul~lic / '-