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HomeMy WebLinkAbout895198 RECEIVED ~,',:,p'-'/~/~ LINCOLN COUNTY CLERK IN THE DISTRICT COUR~q~e,,i_,n~HIRD JUDICIAL DISTRICT STATE C~E~ .~6~N~:; 3: /,, 0 ) /4..~-) ~ " ) ,%,- e ) ./ ) ) "% ~epresentative Of this estate IN THE MATTER OF THE ESTATE OF MARIE LAVERN NEUENSCHWANDER GARDNER Deceased. DECREE OF DISTRIBUTION ROSS GARDNER, personal having on the ~iay~ of January, First and Final Accounting and Petition 1994, filed in this Court the for Distribution, said matter having been approved by the heirs of the decedent and the notice of hearing waived, and it appearing to the Court that this estate is in a condition to be closed, now, therefore, the Court finds: 1. That Notice to Creditors has been published as required by law and that more than three months have expired since the date of the first publication of said notice. That there were no claims filed against the estate. 2. That the personal representative has caused a true inventory and appraisement of the estate of the decedent to be made and returned to the Court. 3. That all heirs have waived hearing on the Final Report, Accounting and Petition for Distribution and have approved the same. 4. That no taxes were due is evidenced by the certificate of the inheritance tax commissioner on file herein. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 379 5. That the attorney for the estate has earned a fee which has been fixed by the Court which the Personal Representative should pay from the fUndS of the estate. The Personal Representative has Waived fees due him for the administration of the estate. 6.' That the Court costs, the costs of publication of notices and miscellaneous expense of administration have been paid by Dennis L. Sanderson, attorney for the estate, for which he should be reimbursed from the funds of the estate or the same should be paid by the heirs. 7. That the 'Petition for Final Distribution filed herein by the personal representative should be approved and the estate should be distributed as prayed for in the Petition. 8. That the property of the estate consists of the following: House and real estate described as follows: That part of the of the Northwest Quarter Northeast Quarter (NW~NE~)and that part of the Northeast Quarter Northwest Quarter (NE%NW~) of Section 19, and that part of the Southeast Quarter Southwest Quarter (SE~SW~) and that part of the Southwest Quarter Southeast Quarter (SW~SE~) of Section 18, Township 32 North, Range 118 West, of the 6th P.M., Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 75 of Photostatic Records on page 332 and in Book 220 of Photostatic Records on page 568, described as follows: BEGINNING at a point on the South right-of-way line of the Twin Cliffs County Road No. 12-160, N81°31.5,E, 199.81 feet from the North one-quarter corner of said Section 19, found as described in the Certified Land Corner Recordation Certificate filed in the said Office; thence S24°25.0'E, 149.70 feet along an existing fence to a point; thence S61°32.5'W, 182.61 feet along an existing fence to a point; thence N45°58.6' West, 313120 feet, along an exisiting fence, in part to a point on the said South right-of,way line; thence continuing, N45°58.6,W 1 3 4 5 6 ? 8 9 10 ll 12 13 14 15 16 17 18 20 23 24 25 9.6 28 380 32.95 feet to a 3/8" x 12" steel spike on the North line of that tract of record in said Book 220; thence N88°43'E,' 336.40 feet, along the said North line to a 3/8" x 12" steel spike;.thence S24°25.0,E, 27.19 feet to the POINT OF BEGINNING; ENCOMPASSING an area of 1.32 acres, more or less; SUBJECT to an easement to Lincoln County for the Twin Cliffs County Road No. 12-160 of record in the said Office in Book 249 of Photostatic Records on Page 538; Value $50,000.00 Real Estate Sales Contract between Marie Gardner and Ross Gardner, and Ronald Crook, Richard Crook and Stanford Crook, d/b/a Crook Farms on the following described property: The South Half of the Northeast Quarter (S½NE~) of Section 2; and the West Half of the Northwest Quarter (W½NW~); and the Northeast Quarter of the Northwest Quarter (NE~NW~); and the Northwest Quarter of the Northeast Quarter (NW~NE~) of Section 11, all in Township 34 North, Range 119 West, of the 6th P.M., Lincoln County,. Wyoming. EXCEPTING THEREFROM a tract of land described as follows: 'Beginning at a point which is the Southwest corner of the Southwest Quarter of the Northwest Quarter (SW~NW~) of said Section 11, thence East 50 rods to the West side of the right-of-way of U.S. Highway 89, thence Northwesterly along said right-of-way 137 rods, more or less, to a point where said Highway 89 crosses the West boundary line of said Section 11, thence South along said boundary line of Section 11, 124 rods, more or less, to the point of beginning, conveyed to Carl Haderlie by deed recorded in Book 24, Page 153. ALSO EXCEPTING THEREFROM a tract of land described as follows: Beginning at a point which is 48 rods East from the Northwest corner of the Southeast Quarter Northwest Quarter (SE~NW%)of said Section 11, thence running West 96 rods to the East side of U.S. Highway 89 right-of-way, running thence Northwesterly along the East side of'said right-of-way approximatley 100 rods to the Northwest corner of said Section 11, thence southeasterly along the SOuth bank of the East Side Canal approximately 136 rods,. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '381 thence running- South 44 rods to the .pointof beiginning, conveyed to Avon Van Noy., by deed recorded in book' 22, page 500. ALSO EXCEPTING THEREFROM a tract of land described as follows: Beginning at the Northeast corner of the Southwest Quarter Northwest Quarter. (SW~NW~) of said Section 11, thence West 52 rods to Highway 89, thence Southeasterly along said highway to a point 20 rods Westof the Southeast corner of the Southwest Quarter Northwest Quarter of said Section 11, thence East 20 rods, thence North 80 rods to the point of beginning, conveyed to Ben Nield by deed recorded in Book 24, Page 352. Value as of May 1, 1993' $68,733.42 Household furnishings and personal effect Value $ 2,500.00 TOTAL VALUE $121,233.42 9. That the Estate is in a condition for final settlement and distribution and should be distributed and closed; that the decedent died testate on the 19th day of November, 1991, and has left the following heirs: Name and Address Ross L. Gardner Afton, WY 83110 Deon N. Balls Fairview, WY 83119 Joel Neuenschwander Afton, WY 83110 Alice Johnson 22i North 775 East' American Fork, UT 84003 Relationship Husband Daughter Son Granddaughter -4- 382 The parties have agreed that in lieu of the manner of distribution set forth under the will and in consideration of the surviving spouse agreeing not to take the surviving spouse's share under the homestead allowance, the forced share and family allowance, that 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 '27 the estate be distributed as follows: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1. That the First and Final Account and Petition for Distribution filed herein be and the same is hereby approved subject to the fees and expenses incurred in the final hearing. 2. That the Personal Representative waives his claim for fees; and the fee for the attorney is hereby fixed at $2,274.67; and that .the personal representative is hereby authorized and directed to pay the same or that portion not already paid frOm the funds of the estate or the same should be paid by the heirs. 3. That the personal representative be, and is hereby authorized and directed.to reimburse the attorney for the estate for the court costs, costs of publication and the miscellaneous expenses of the administration advanced by him in the sum of $171.64 out of the funds for the estate. 4. That the heirs at law of the decedent and the persons entitled to inherit her estate and the share each is entitled to have distributed to them after payment of the fees and -5- 28 1 3 4 5 6 7 8 10 11 13 14 15 16 18 20 24 25 26 9.7 28 383 costs of administration are in accordance with the Agreement Among Heirs and Addendum to Agreement Among Heirs, copies of which are attached here to as Exhibit A. DATED this / ~-day of J~, ~,i~-Y OF LINCOLNJ t. Kenneth D. Roberts, Clerk of the Third J'udicial Bistdct Coud within and foresaid county and in the State of foresaid, do hereby certify the foregoing to be a full, true, and complete copy. , Exh i~]~ "A" ~ IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF W~iOMING IN THE MATTER OF THE ESTATE OF MARIE LAVEP~ NEUENSCHWANDER GARDNER Deceased. Probate No. 3570 AGREEMENT AMONG HEIRS AGREEMENT made this i~ day of July, 1993, by and between Ross Gardner, (hereinafter referred to as Ross), Joel Neuenschwander, (hereinafter referred to as Joel), Deon N. Balls, (hereinafter referred to as Deon) and Alice N. Johnson who is the daughter of Fred Neuenschwander, deceased, (hereinafter referred to as Fred's daughter); all of who constitute the heirs at law of Marie Neuenschwander Gardner, deceased (hereinafter referred to as Marie). RECITALS 1. Ross and Marie were married to each other on August 24, 1962. ~ 2. Prior to their marriage, Ross and Marie had been previously married and had children by their previous marriages. 3. At the time of their marriage, Ross and Marie each owned separate property, generally summarized as follows: so Ross's Property (1) Ranch near Afton, Wyoming consisting of 80 acres. (2) Lot upon which the Ross and Marie Gardner home sits. prorg, agr Personal vehicle. Personal effects. (3) 385 (5) His own money. b. Marie's Property (1) Ranch near Freedom, Wyoming known as the Passey Place. (2) Personal vehicles and farm machinery and equipment. (3) Personal effects. (4) Her own money. (5) House and property near Afton, Wyoming, consisting of 40 acres. (6) Equity in Salt River Oil and Motor Company. 4. On October 30, 1978, Ross and Marie had a' mutual will prepared. The will provided that the surviving spouse would each have a life estate in the property that the deceased spouse had brought into the marriage and that upon the death of the surviving spouse the remainder of the estate would be distributed to the heirs of the first deceased spouse's heirs as defined in the will. On December 22, 1977, Ross and Marie executed an agreement that provided that neither would assert the rights of the surviving spouse to the fOrced share, provided by Wyoming Statutes §2-4'7 (1957). 5. That several actions have occurred since the execution of the will and the agreement which alter the intent set forth in the wills and the agreement. They include: Both Ross and Marie combined their checking and savings accounts and whatever money that prorg.agr 2 was present was commingled and has'been spent~ so that an accurate accounting of the funds would be impossible. be On August 9, 1989, Marie sold the Passey place to Richard and Ronald Crook under an installment sales contract. Ce Marie sold ~her house and property near Alton to Joel. de On June 30, 1987, Ross conveyed to Marie a deed to the lot and home which Ross and Marie lived in. During their marriage Ross sold part of his ranch as building lots. In 1991, Ross sold his ranch property to his son, Lee Gardner. 6. During their marriage, Ross and Marie purchased a double-wide mobile home. This mobile home is affixed to the real property and is a part of it. 7. During their marriage, Ross and Marie purchased a parcel of real estate in St. George, Utah, and placed a trailer on it. The mobile home is affixed to the real property and is apart of it. The Deed to this property names Ross, Marie and Deon as joint owners with right of survivorship. There is no need to probate the Utah property. 8. Ail of the debts of Marie Gardner have been paid. 9. Since Marie's death Ross has been receiving the payments from the sale of the Passey place. Ross has continued to live in the home. 10. The parties desire to resolve the issues as amicably, expeditiously and economically as possible while attempting to give effect to the intent of the agreement which gave prorg agr 387 a life estate to the surviving spouse and to leave the pre-marriage assets to the children of each spouse after the death of the surviving spouse. NOW THEREFORE, in consideration of the mutual and reciprocal promises hereinafter set forth the parties agree as follows: 1. That the estate of Marie Gardner will be probated. 2. The Parties agree that Ross will receive, during his lifetime, the interest that is earned on the Crook contract and the interest that is earned on the principal after the payment is made. In order to accomplish this end, the parties agree to transfer the Crook contract to a trust which will be established with Mack Balls as trustees. The trust will provide that the interest portion of the payment will be paid to Ross as it is received; the principal portion Will be invested in safe investments while attempting to receive a reasonable rate of return. The trust will also provide that upon the death of Ross, the trust estate.will be distributed ~to the heirs of Marie Gardner as provided in her will. In order to account for the principal that Ross has received since Marie's death, Ross will either reimburse the principal portion of the payments he has received or he may elect to receive a reduction in the interest payments made to him for a period of time until the principal received has been reimbursed. 3. Marie's heirs agree to quitclaim their interest in the house and lot to Ross or to do whatever act is necessary to vest full ownership in the house and lot in Ross. prorg.agr 4 4 o 388 Ross agrees that he will not assert any right as a surviving spouse to his homestead interest or to the surviving spouses statutory right to take the spouse's share instead of what he is left in the will as provided in W.S. §2-5-101 and §2-7-102 (1977). 5. Ross and Deon also agree that they will convey the St. George.property to Ross and Deon with Ross having a life estate and Deon having the remainder in fee simple. 6. Any funds derived from the Passey Contract-, including principal, expended interest or interest earned thereon shall be distributed to Marie's heirs as provided in her will. 7. The parties agree that this agreement is a complete compromise and settlement agreement and that full compliance on each of its terms is necessary. This agreement will be binding upon the heirs, successors and representatives at law of each of the parties. 8. This agreement may be presented to the District Court and a decree of distribution entered incorporating its terms. IN WITNESS WHEREOF, the parties have executed agreement on this /~day of July, 1993. this ROSS GARDNER / JO ENSC D ,R D~6N N. BALLS . ALICE N .~JOHNSON prorg, agr 389 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRicT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING IN THE MATTER OF THE ESTATE OF MARIE LAVERN NEUENSCHWANDER GARDNER Deceased. Probate No. 3750 ADDENDUM TO AGREEMENT AMONG HEIRS AGREEMENT made by and between Ross L. Gardner, Joel Neuenschwander, Deon N. Balls, and Alice N. Johnson who constitute the heirs at law of the estate of Marie Lavern Neuenschwander Gardner. RECITALS 1. Since the execution of the Agreement Among Heirs (the Agreement) which was filed in this matter, there have arisen problems which were not addressed in the Agreement. It is the intent of the parties to address them in this addendum and to resolve them in the manner set forth herein. 2. After the death of Marie Gardner, Ross Gardner paid all funeral and burial expenses in the sum of Three Thousand Eight Hundred Fifty-eight Dollars and Four Cents ($3,858.04) from funds which were in a joint account with the deceased. Ross has filed a creditors claim for reimbursement of those expenses. 3. Since the death of Marie, Ross has received the entire payments of interest and principal under the Crook contract in the sum of Eighteen Thousand Five Hundred Sixty-eight Dollars and Sixty-six Cents ($18,568.66), which constitutes Thirteen Thousand One Hundred Forty-five Dollars and Fourteen Cents ($13,145.14) in interest and Five Thousand Four Hundred Twenty- three Dollars and Fifty-two Cents ($5,423.52) in principal. Ross currently has in his possession approximately Two Thousand Dollars ($2,000.00) in funds received from the Crook contract. Under the Agreement, Ross was to have reimbursed the estate for all amounts of principal retained by him since Marie's death. 4. Under Wyoming law, Ross would be entitled to receive a fee for his services as Personal Representative in this estate in the sum of Two Thousand Two Hundred Seventy-six Cents ($2,274.76). Seventy-four AGREEMENT in consideration of hereinafter Dollars and NOW THEREFORE, the mutual and reciprocal promises and covenants set forth, the Parties agree as follows: 1. Ross hereby waives his claim for fees as Personal Representative of the Estate in the sum of Two Thousand Two Hundred Seventy-four Dollars and Seventy-six Cents ($2,274.76) and further withdraws and waives his claim for reimbursement for burial and funeral expenses in the sum of Three ThouSand Eight Hundred Fifty- eight Dollars and Four Cents ($3,858.04). 2. Ross will pay all the fees and costs of the attorney for the estate in the sum of Two ThoUsand FOur Hundred Forty-six Dollars and Thirty-one Cents ($2,446.31). 3. Ross will not be required to reimburse the estate for the Five Thousand Four HUndred Twenty-three Dollars and Fifty- 4. Ross is responsible for all taxes due on the payments received under the Crook contract since Marie's death. DATED this day of December, 1993. ROSS L. GARDNER JOEL NEUENSCHWANDER DEON N. BALLS ALICE N. JOHNSON (Signature pages to follow on pages 4, 5, 6 and 7) MARIE LAVERN NEUENSCHWANDER ESTATE Probate No. 3750 Addendum to Agreement Among Heirs Signature Pgge of Ross Gardner December ~, 1993 ROSS L. GARDNER 4 MARIE LAVERN NEUENSCHWANDER ESTATE Probate No. 3750 Addendum to Agreement Among Heirs Signature Page of Joel Neuenschwander MARIE LAVERN NEUENSCHWANDER ESTATE Probate No. 3750 Addendum to Agreement Among Heirs Signature Page of Deon N. Balls December ~ , 1993 394' DEON N. BALLS MARIE LAVERN NEUENSCHWANDER ESTATE Probate No. 3750 Addendum to Agreement Among Heirs Signature Page of Alice N. Johnson De~e~uber ALICE N. J~NSON 395 7