HomeMy WebLinkAbout901976 RECEIVED,- ~
IN THE DISTRICT COURT OF TIlE TltlRD-,l!'~'i~l~'IAq~i¢[~-¢fik~'l[~,,,
· IN AND FOR THE~0ql~,' 0F LINCOLN, ST~Tk' 11~1~ ~'~M~ }NI ~
~ THE MATTER OF DETESTATION OF HEIRSHIP OF )" ..':~' i:?, ' ',~:'. : '"": ~ ~"(:;
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CASA DAUGHERTY, Also Known As )
CASA S. DAUGHERTY, Deceased. ) Probate No. 4299
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DECREE ESTABLISHING RIGHT AND TITLE TO REAL PROPERTY
The above entitled matter came on regularly for hearing this /~ ~'~ay of August, 2004,
before the Honorable Dennis L. Sanderson, District Court Judge on the application of Affidavit lbr
Distribution of Estate or Decree Establishing Right and Title to Real Property, as heretotbre filed
by the Petitioners, and the Court, having reviewed .the file of record and being duly advised ill the
premises, finds as followsi
1. That the aforesaid affidavit or application dated the 21~t day of June, 2004 filed with this
Court on the 7th day of July, 2004 in accord with {}2- t-205 W.S. (Lexis 2003) applied to this
Court for an order authorizing a summary procedure for distribtdion of certain real property
described in full hereafter, is sufficient, complete and in accordance with law.
That due and proper notice of this hearing has been given; and that there is on file in the
record herein, an Affidavit of Publication showing compliance with §2-1-205(c) (Lexis
2003).
3. That the above named Decedent died on the 14th day of October, 2002, in the City of Half
Moon Bay, County of San Mateo, State of Calitbmia.
That the Decedent died testate leaving surviving her heirs at law, the following persons:
Name
April D. Daugherty
Phillip S. Daugherty
Relationship
Daughter
Son
5. That the Decedent died seized of an interest in and to the following real property:
Northeast Quarter Northeast Quarter (NE ¼ NE ¼) o f S ecti on Twenty-
Nine (29), Township Thirty-Seven (37) North, Range 118 East, of the
6th P.M., Lincoln County, Wyoming; said land being described as
follows: TRACT TWO: Beginning at a point 160 feet South 0
degrees 04' East, and South 51 degrees 39' West 425 feet, fi'om the
Northeast comer of said Section Twenty-Nine (29); thence South 38
degrees 21' East 147.5 feet; thence North 51 degrees 39' East 180
feet; thence North 38 degrees 21' West 147.5 feet; thence South 51
degrees 39' West 180 feet more or less to beginning. The above
described parcel of land containing 0.7 acres, more or less.
hobate\Da ugherty~ecree
6. That no application for the appointment of a personal representative for the Decedent's estate
is pending or has been granted in any jurisdiction.
7. That the value of the entire estate of said Decedent, wherever located does not exceed one
hundred fifty thousand dollars ($150,000).
8. That more than thirty (30) days have elapsed since the date of death of the Decedent.
9. That pursuant to the Affidavit for Distribution of Estate, the share of the fight, title and
interest of Decedent to said real property vested upon her death in said heirs in the following
manner:
Name
April D. Dangherty 50%
Phillip S. Daugherty .50.%
Share of Decedent's Estate
10.
That no objections, written or oral, have been filed with the Court by any party whomsoever,
as to the above captioned matter.
11. Based upon the aforesaid, the Court makes the following:
CONCLUSIONS OF LAW
That the Court has full and complete jurisdiction over the subject matter and all interested
Parties in this cause.
That the file of record herein is complete and meets all the requirements of {32-1-205 (Lexis
2003) for relief prayed for in the application.
IT IS ORDERED, ADJUDGED AND DECREED that at the aforesaid date of death of the
Decedent, the distributees entitled to this estate are:
Name
April D. Daugherty 50%
Phillip S. Daugherty 50%
Share of Decedent's Estate
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that April D. Daugherty and
Phillip S. Daugherty are the present owners of their share of interest in the below described real
property, thereby vesting in said April D. Daugherty and Phillip S. Daugherty their share of the
interest in the following described real estate situated in Lincoln County, State of Wyoming:
Northeast Quarter Northeast Quarter (NE¼ NESq) of Section Twenty-
Nine (29), Township Thirty-Seven (37) North, Range 118 East, of the
6th P.M., Lincoln County, Wyoming; said land being described as
follows: TRACT TWO: Beginning at a point 160 feet South 0 degrees
04' East, and South 51 degrees 39' West 425 feet, from the Northeast
comer of said Section Twenty-Nine (29); thence South 38 degrees 21'
Probate~Daugherty~Decree
2
East 147.5 feet; thence North 51 degrees 39' East 180 feet; thehce
North 38 degrees 21' West 147.5 feet; thence South 51 degrees 39'
West 180 feet more or less to beginning. The above described parcel
of land containing 0.7 acres, more or less.
fT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this
decree shall be recorded in the Office of the County Clerk; and thereafter the decree and record
thereof shall be presumptive evidence of title to the property herein described.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that if any other real property
is located that is not identified above, the said April D. Daugherty and Phillip S. Daugherty are
entitled to that real property.
DONE IN OPEN COURT this ../,,~ '~
day of August, 2004.
DENNIS L. SANDERSON
District Court Judge
STATE OF WYOMING ]
COUNiY 01: L. INCOLNJ SS.
I, I'(e -,n~d h D. Roberts, Clerk of the Third
J~dh~:;~-~ District C~nd foresaid
h,::m¢ ,7 c~,,rlif~he for~oin~ t8 be aifull,
Probate~Daugherty\Decree