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HomeMy WebLinkAbout902706Gay Wo.odhouse Gay W0od':hoUse Law OffiCe, P.C. 211 West 19th Street, SUite 308 Cheyen:ne, WY 82001 307-432-9399 Attorney for the Estate of Daniel William Wilson 902706 R EO EST, AEI~ F WYOMING) LINCOLN CO~f:~l~ ~,rLeLA/~) t-~ ~', ,~ f '1 'D~' ' ' · ' F- .....[ ~ f LS~UM DT ~;, %". ~¢~ ~7. l"; :CLERK OF:DISTRICT COU~T I,)EPUIY IN THE DISTRICT COURT FO'R THE SECOND JUDICIAL DISTRICT OF THE STATE OF WYOMING IN AND FOR CARBON COUNTY IN THE MATTER OF THE ESTATE OF ) ) ) Docket No. PR 6593 DANIEL WILLIAM WILSON, ) ) Deceased. ) r~, , . 0 5 6, ~,.,~,,.~ :.. 0 6 7 9 ORDER APPROVING AMENDED FINAL REPORT, ACCOUNTING AND PETITION FOR DISTRIBUTION THIS MATTER having come before the Court the Amended Final Report and Petition for Distribution ("Final Report") filed herein by Norman Stiefvater, the duly appointed and acting Personal Representative of the Estate of Daniel William Wilson, and a hearing having been held on June 30, 2004 in which the heirs or their attorneys appeared and Participated, during which hearing the Court received evidence in the form of testimony and documentary evidence regarding the estate, the Court heard arguments and objections of counsel for all heirs and considered the Amended Final Report and Petition for Distribution which was modified by the stipulation of the parties and by the testimony given by the Personal Representative, FINDS as follows: (i) Nature of the probate proceedings: The deceased died testate on May 2, 2002, the Last Will and Testament of Daniel William Wilson was duly admitted to probate on July 1, 2002, and Norman Stiefvater then became the duly appointed, qualified and acting Personal Representative of the estate of the deceased and he has acted in that capacity since that date. This matter was initially opened as an intestate estate upon the Petition of Shirley Stiefvater filed on May 22, 2002, Letters and an Order Admitting the matter to probate were entered by this Court on May 23, 2002. Subsequently, Shirley Stiefvater located the decedent's will naming Normal Stiefvater as executor of the will. Shirley Stiefvater and Norman Stiefvater jointly filed a Petition on June 23, 2002, to open the matter as a testate probate and an Order was entered on July 1, 2002. Ail information and assets of the estate were transferred from Shirley Stiefvater to Norman Stiefvater at the time the matter was converted to a testate probate proceeding. .,. 0680 (ii) The decedent died seized of real property describ ed below, which has not been sold and conveyed by the personal representative: 'The North 64 Feet of Lots 19, 20, 21 and 22 in Block 4 of the Mahoney-Tiemey Addition to the City o£Rawlins, Carbon County, Wyoming or street address of 708 Colorado Street, Rawlins, Wyoming; and Mineral interests located in Sweetwater and Lincoln Counties, Wyoming: Township 19 North, R~nge 112 West, 6th P.M. Section 4: Lot 1, SE4NE4 (77.11 acres m/l) Section 4: S2S2, NW4SE4 (200 acres m/l) Section 10: S2SW4, NW4SW4, SW4NW4 less 1.95 acres (158.05 acres m/l) (iii) No spouse survived the deceased; (iv) The name and place of residence of each of the devisees to the deceased is as follows: 1. Mariann Steffen, daughter, 6605 Finchley Road, Indianapolis, Indiana 46250. 2. Daniel William Wilson, Jr., son, General Delivery, Big Piney 83113. 3. Shirley Frances Wilson Stiefvater, daughter, 7720 Badger Road, Cheyenne, Wyoming 82009. (v) None of the heirs are under any legal disability; (vi) An accounting of all the monies and personal property coming into the hands of the personal representative was made by reports filed with the court periodically during the pendency of the probate and by evidence admitted at the probate hearing in this matter which shows that all monies and personal property coming into the hands of the court have been accounted for. Monies and securities held by the decedent at the time of his death were transferred to the trust department of Wyoming Bank and Trust ("Trust Department") in Cheyenne, Wyoming. Bank account statements dating prior to the decedent's death through the time of the transfer of the balance in those accounts to the Trust Department showed that no monies left the accounts subsequent to the decedent's death prior to the transfer to the Trust Department. Regular accountings of the income received and the payments made for expenses of the estate by the Trust Department have been provided to the court with previous pleadings including the Verified Interim Report filed on June 18, 2003, a Final Report filed on November 5, 2003, and with the Amended Final Report and Petition fc~r Distribution filed on March 23, 2004. At the heating in this matter copies of the Trust Department's m Dnthly statements from July 1, 2002 until May 28, 2004 were received into evidence by the Court. Personal property coming into the hands of the personal representative is accounted for in the inventory and appraisal filed herein and shall be distributed in accordance with the distribution plan contained herein. (vii) The record shows that estate taxes have been complied with as follows: This estate is below the value which would require the filing of a federal estate tax return or the payment of federal estate tax. A Certificate of No Tax due from the Wyoming Department of Revenue and ORDER APPROVING FINAL REPORT Taxation was filed herein on July 2, 2003. "' ' 0,( 0681 Estate income tax returns were timely filed for the tax years 2002 and 2003 on income received in the estate for those years ~n the amounts of $7851.00 in 2002 and $13,674 in 2003 minus applicable deductions. Income in the amount of approximately $4,990 as of May 31, 2004 and amounts received through the date distribution will be taxed to the individual heirs for the calendar Year 2004. (viii) The following are matters affecting the administration of the estate or showing the condition of the estate, its debts and property: a. The Petition for Probate of Will was filed herein on June 24, 2002. This Court entered its Order Admitting Will to Probate on July 1, 2002. Letters Testamentary were issued to your Personal Representative on July 1, 2002. An inventory of the assets of this estate was filed herein on October 24, 2002. This probate was converted from an intestate estate to a testate probate when the original Personal Representative/Administratrix, Shirley Stiefvater, located the decedent's last will and testament in the decedent's personal effects. When the probate was convened to a testate matter, all infOrmation and assets held by the Administratrix were turned over to the Personal Representative and all information and assets have been accounted for the various reports and pleadings filed by the Personal Representative, evidence and testimony given at the hearing in this matter. b. Notice of Probate and Notice to Creditors have been published and given and proofs thereof have been filed herein according to the law and the time for filing claims against the estate for those having notice of these proceedings expired on October 11, 2002. c. No creditor's claims were filed. d. This Court entered an order granting petitions from the Personal Representative and the attorney for the estate at the statutory rate in the amount of $13,976 and costs in the amount of $2034.77. e. Information which purported to be pleadings was submitted to the Clerk of District Court by facsimile on June 17, 2004 and June 23, 2004, by persons claiming to be attorneys in fact for heir, Mariann Steffen. Because the persons who submitted these "pleadings" are not licensed attorneys in the State of Wyoming nor are they parties to this proceeding, and since the heir, Mariann Steffen, was more than adequately represented by counsel, Warren A. Lauer, these filings have not been considered by this Court. f. An amount of$10,000 will be withheld from distribution of the estate assets at this ORDER APPROVING FINAL REPORT time for the purpose of compensating the attorney and the Personal Representative for extraordinary fees and services and for expenses incurred in completing the acts necessary for distribution in accordance with this Order which are more particularly described below. (ix) Notice of Final Settlement, a copy of the Amended Final Report was sent to the representatives of the heirs with a notice of hearing pursuant to W.S. § § 2-7-811 (c) and 2-7-204 notifying the heirs that the hearing would be held on June 30, 2004 in the District Courtroom at the Carbon County Courthouse in Rawlins, Wyoming beginning at 1:30 p.m. No objection was made by any heir or any of the heirs' representatives to the notice provided. The Court notes that three previous hearing dates were continued in this matter for the benefit of the heirs. The Court further notes that Shirley Frances Wilson Stiefvater, an heir, was present and represented by cottnsel, Jolm E. Masters; that the heirs, Mm'imm Steffen and Daniel William Wil son, Jr. were not present at the hearing, but were represented by counsel, Warren A. Lauer and Robert Spence, respectively; and, a continuance was requested by Mr. Lauer on various and alternative grounds, all of which were denied. The estate and the Personal Representative was represented by Gay Woodhouse. The Personal RepresentatiVe was present. (x) The distribution after payment of administration expenses, legal fees, personal representatives' fees, and accounting fees and retained amount for final distribution is set forth herein as follows: a. In accordance with the Last Will and Testament of Daniel William Wilson, all assets of'his estate, after payment of all debts, were to be distributed as follows: Article III(b) "In equal shares to my children who survive me, provided, however, if any child of mine predeceases me, leaving issue who survive me, such issue shall take, per stirpes, the share such deceased child of mine would have taken had such chil cl survived me." b. The personal items shall be distributed in accordance with the list agreed to among the heirs shortly after the death of the decedent and as modified by the heirs during the pendency of the probate proceedings as itemized herein. Except as provided herein for the North Side State Bank bank stock, the 1/3 share each of all other stocks and securities for each Shirley Stiefvater and Daniel William Wilson, Jr. shall be liquidated and the proceeds thereof distributed to those heirs; and the 1/3 share of all · other stocks and securities for Mariann St¢ffen will be transferred in kind, Without certification, from the Wyoming Bank and Trust (trust department) to such brokerage firm and account as Mrs. Stet'fen provides to the Personal Representative. Liquid assets including cash shall be distributed to equalize disproportionate distributions as recommended by the Personal Representative in Final Order Exhibit A - Summary of Distribution of Assets., attached hereto and incorporated herein. Shirely Stiefvater will receive ORDER APPROVING FINAL REPORT -4- .. 0 6 3 the walnut stagecoach replica and the $2,000.00 appraised value will be reduced frOm the share of Mrs. Stiefvater. Mrs. Stiefvater will use her best efforts to donate the replica stagecoach at the Buffalo Bill Historical Center in Cody, Wyoming, or another well established museum in Wyoming. If a Wyoming museum will not accept the stagecoach, Mrs. Stiefvater will permit Mrs. Steffen to purchase the stagecoach for $2,000 from Mrs. Stiefvater. The Personal Representative shall notify the heirs regarding the placement of the stagecOach in a Wyoming museum. If the stagecoach cannot be donated in accordance with this terms, Mrs. Steffen will have 30 days from the date she is notified to tender $2,000 to Mrs. Stiefvater. Mrs. Steffen must also make arrangements for transporting the replica stagecoach to Mrs. Steffen. The Court further finds that clear and convincing evidence was presented that two other replicas built by the Decedent, a Bain Sheepherder Wagon and a,pink" Stagecoach, were donated by the Decedent during his lifetime to the North Side State Bank in Rock Springs and were placed there in 1992 and 1993 respectively. c. The Court notes that Daniel William Wilson, Jr. is presently incarcerated in the Laramie County Detention facility pending two charges related to the apparent attempted homicide of Norman and Shirley Stiefvater which incident occurred on June 28, 2004. ConseqUently this Court will not order or permit any firearms to be distributed to Mr. Wilson and will require that all weapons currently in the possession of the Personal Representative held for Mr. Wilson be sold and the net proceeds be distributed to Mr. Wilson. estate: xi. Acts conduct and responsibilities of the personal representative and attorney for the From the evidence and testimony entered during the hearing in this matter in addition to the pleadings filed by the Personal Representative, this Court find s that the Personal Representative did an admirable and prudent job under very difficult circumstances in carrying out his duties under the Wyoming Probate Code in managing this estate. The CoUrt further finds that it can and does confirm, approve and ratify all acts of the Personal Representative and the attorney for the estate. NOW, THEREFORE, IT IS HEREBY ORDERED ADJUDGED AND DECREED: 1. That the Amended Final Report and Petition for Distribution filed herein and as modified by agreement among the heirs and by the testimony of the Personal Representative at the hearing held on June 30, 2004 is hereby approved, ratified and confirmed in its entirety. 2. That all acts of the Personal Representative and the estate's attorney during the ORDER APPROVING FINAL REPORT 0190 OG : .0684 administration of this estate be, and the same are, hereby approved, ratified and confirmed. .. 3. That as to the Bain Sheepherder Wagon replica and the "pink" Stagecoach replica built by the decedent and given to North Side State Bank, the titles thereto are hereby confirmed in favor North Side State Bank. 4.' That $10,000 is Set aside from the estate for the purpose of covering additional expenses, awarding additional attorney's fees and costs and fees for the Personal Representative for extraordinary services and for services required to finally distributed to the heirs which will be distributed pursuant to further order of this Court. After payment of such costs and expenses, the remaining amount, if any, will be distributed equally to the three beneficiaries of this estate. 5. That the assets of the Daniel William Wilson, whether now knoWn or hereafter acquired, are hereby distributed as folloWs: a. After first setting aside the amount described in paragraph 4 of this Order, distribute the liquid all assets held by the estate account at Wyoming Bank and Trust and issue a check for the share owing to each heir on the same basis as contained in Final Order Exhibit A-Summary of Distribution of Assets which by this reference is incorporated herein. b. 1/3 of the mineral interests to each of the three heirs, Mariann Steffen, Daniel William Wilson, Jr., and Shirley Stiefvater on the property located in Sweetwater and Lincoln Counties, Wyoming: Township 19 North, Range 112 West, 6th P,M. Section 4: Lot 1, SE4NE4 (77.11 acres m/l) Section 4: S2S2, NW4SE4 (200 acres m/l) Section 10: S2SW4, NW4SW4, SW4NW4 less 1.95 acres (158.05 acres m/l) Co following: 1/3 of the coins in kind including 2 each of the gold one ounce coins to each of the Mariann Steffen Daniel William Wilson, Jr. Shirley Stiefvater d. Real property located at 708 Colorado Street in Rawlins, Wyoming and more fully described as follows to Daniel William Wilson, Jr. and the appraised value of the property to be allocated against Mr. Wilson's share of the estate by agreement of the heirs: The North 64 Feet of Lots 19, 20, 21 and 22 in Block 4 of the Mahoney-Tierney Additi°n to the City of Rawlins, Carbon County, Wyoming or street address of 708 Colorado Street, Rawlins, Wyoming. ORDER APPROVING FINAL REPORT Personal property: Mariann Steffen: Living Room Baldwin Grand Piano, bench & music Oak roll-top desk Walnut buffet White china in zippered bags Silver tea set Bookcase, ("Dad's bookcase") Leather office chair, ("High Back Chair") Mom's clothes, coats (good-best), (Cecelia's good coats) Assorted dolls, (Storybook dolls and cupie / Mom's Babydoll and Red'd011) Hi-boy dresser Night stand Glass, Antique hairbrush, comb, 2 sm. Round, 1 lg. round bubble glass, 2 perfume bottles Formal dining room furniture set, (7 pc Dining room table & chairs, cherry) Dining Room Lg cherry china hutch Misc. glassware & items in dining room Basement Black bear rug Columbia crank record player 2 flat top trunks 0685 Outside Yard Single axle flat bed trailer Unrestored sheepherders wagon Garage Atl as Jig saw Other Items 2 cigarette lighters Gold Rose Pendant, plated Money Clip Crystal necklace Remaining items on original list: ORDER APPROVING FINAL REPORT Jeanne's Butterfly Stitchery* Cheryl's flower picture* Beaded Indian Gloves* Mom's good silverware (Community) Storybook dolls and cupie / Mom's Babydoll and Red doll Mom's Green Beads & White Beads* Mom's Gold nugget/1912 Indian Liberty head $10 gold coin pin Mom's gold coin in bezel ($10) Liberty* Dad's transit, tripod, poles* Dad's Bolex camera, tripod* Mom's tablelinens (cloths, napkins)* 4 new Navajo rugs* Dad's goose call for John Grimmig* Mom's rolling pin 2 Hudson Bay blankets* $392.00 cash distruted as $340 whole dollars, half one hundred and half five dollar bill* Genuine Imcolay stone jewlery box* Antique hairbrush, comb, 2 sm. Round, 1 lg. round bubble Transit (Keuffell & Esser Co., P5131, SN 142346)* ..,0686 Firearms Colt SheriffModel 45 long colt, Se#3043sm* Colt Official Police, .38 sp. #847914 Colt Single Action Army .45 long colt #855759 Colt Police Positive .3'8 sp. #83737R Colt Detective Special .38 sp. #916338Z Colt Frontier Scout .22 #263123F Colt Automatic .22 LR #34684 w/holster Colt Woodsman .22 LR # 126843 Interarms P38 9mm #9739H w/holster Colt M1911Al .45 auto #27998371 Colt Automatic .32 sp. #343941 Field Marshall Rommel Corem, P38 9 mm #3116C Colt WWlI 50th Anniv. #FR15432.45 auto Winchester Model 1873, .44 WCF #223088B Winchester Model 94, .30 WCF #1131591 Winchester Model 94, .32 sp #2257689 Winchester Model 63, .22 LR #139342A ORDER APPROVING FINAL REPORT Registered Brand Brand assigned and transferred to Mrs. Steffen All Branding Irons, if later discovered or found; (the cost of transferring the brand shall be charged to the estate) 0687 *Items are already in the possession of Ms. Steffen Daniel William Wilson, Jr.: Personal items: Gold nuggets Madonna vase Sofa Chair & ottoman Console stereo Mitsubishi 25" color console TV Brown hi-back chair Personal items in livingroom Bedroom set (upstairs bedroom) 2 twin bed-box spring & mattress Love seat Gun cabinet Misc, items from upstairs bedroom 7 pc kitchen dinette set Dark oak bedroom set Queen box spring and mattress Misc, items in downstairs bedroom Dishes, pots & pans (small appliances) Refrigerator (basement) GE chest freezer Whirlpool washer & dryer Safe Large safe Misc, hardwood lumber Misc, items in basement John Deere ditcher blade Front running gear for wagon, restored Un-restored running gear for wagon Forge Atlas table saw LeBlond metal lathe Atlas 6" jointer Blue anvil Sioux bench grinder Clausing drill press Tru milling machine Cincinatti milling machine Cinpak-45 Union Carbide acetylene torch outfit South Bend lathe Battery chargers Ingersol Rand air compressor Misc. drill bits Mi erometers & depth gauges ORDER APPROVING FINAL REPORT -9- Tap and dies Lincoln TIG-30'0 welder Misc. hand tools, plumbing pans, nuts & bolts 1983 Mercedes 300SD, VINWDBCB20AXDB046519 1965 Ford F350 1 ton truck, 2 wheel drive VIN #F35DR601940 GUNS TO BE SOLD: Net (after commission/transportation and other costs of sale) due to Daniel William Wilson, Jr. for the following firearms: Colt Agent .38 sp. 1st issue #58255 Colt Montana Commemorative .45 #0822MA Winchester Model 70 300 H&H mag. #189698 Winchester Model Winchester Model Winchester Model Winchester Model 'Winchester Model Winchester Model Winchester Model Winchester Model Winchester Model 70.270 win #96420 70, .375 H&H mag. #154014 94, 30X30 #1958891 62A .22 pump #121921 12, .12 ga, new box #20004789 12, .12 ga., 3", #889786 12,. 16 ga. #949072 12, .20 ga. #1245194 12, .20 ga. vent rib #622451 Shirley Stiefvater: Personal property: Walnut stagecoach replica made bY the Decedent 3 pc. Cherry cocktail set, 2 end tables & coffee table Felker dresser wet tile saw Ceramic Christmas tree Firearms: Winchester Model 1894, 38X55 #428867 Remington Model 24, .22 LR #48091 Winchester Model 12,. 12 ga. #630928 Winchester Model 12, 12 ga. #1077716 Winchester Model 1897,. 12 ga. #E997125 Winchester Model 12, .20 ga. #531349 Browning BPS 28 Ga. Pump shotgun, new in box,#02858MZ121 Distribution of personal items other than firearms: Mariann Steffen: Mariarm Steffen or her designees shall come to Rawlins within 30 days from the date of this Order to pack up and remOve from the residence the personal items listed for Ms. Steffen in this Order. These arrangements must be made by contacting the attorney for the estate at least one week in advance of the date when Ms. Steffen or Ms. Steffen's designees will be in Rawlins for this purpose. The date selected must be a date on which law enforcement officers can be present. ORDER APPROVING FINAL REPORT -lo- ( :t O689 The attorney for the estate shall contact law enforcement for the purpose of requesting that theybe present during the entire time of this transfer. Ms. Steffen or her designees shall be permitted to be in the residence from nine a.m. until five p.m. on the prearranged a weekday at 708 Colorado Street in Rawlins to pack and remove the items listed in this order. The time allowed by this Court at 708 Colorado Street is not for the purpose of challenging this Court's Order or engaging in disagreements with the Personal Representative about the distribution of personal property. If Ms. Steffen or her designees do not make arrangements as specified in this paragraph to come to Rawlins within 30 days of the date this order is entered, the Personal Representative is hereby authorized to employ such persons as may be necessary to pack and move the items to Ms. Steffen's attorneys for the Mariann W. Steffen Irrevocable Trust Dated February 9th, 2004 established for this purpose. Such arrangements will be made by the 30th of September, 2004. The cost of packing, insuring and transporting those items shall be charged against liquid assets due Ms. Steffen. Shirley Stiefvater: All personal items to be distributed to Ms. Stiefvater shall be picked up by Mrs. Stiefvater no later than July 25, 2004. Daniel William Wilson, Jr. All items awarded to Daniel William Wilson, Jr., other than firearms, shall be left in the residence at 708 Colorado Street, Rawlins, Wyoming by the personal representative. Small items of value and the keys for the residence after the personal items have been collected or sent to the other heirs shall be sent to Mr. Spence. At the time the keys are turned over to Mr. Spence, neither the estate nor the personal representative shall have any further responsibility for safekeeping of the real estate, vehicles and other personal items. Distribution of Firearms: To Ms. Steffen: If the firearms are not removed from the premises at 708 Colorado Street by Ms. Steffen or her authorized representatives as specified in this section, the Personal Representative will deliver the firearms to a federally licensed firea~, s dealer to send to the attorneys for the Mariann W. Steffen Irrevocable Trust Dated February 9th, 2004 with an additional cost attributable to that transportation method to be borne by the share of Ms. Steffen. To Ms. Stiefvater: Ms. Stiefvater shall retrieve firearms awarded to her by personally picking ORDER APPROVING FINAL REPORT them up at 708 Colorado Street no later than July 15, 2004. 0690 For Mr. Wilson: All firearms awarded pursuant to this Order to Mr. Wilson shall be disposed of by a sale or sales through a federally licensed fiream~s dealer or person authorized to conduct an auction of such firearms. The amounts received, less the costs attributable to the sale and costs incurred in transporting firearms to be sold, shall be paid into the account designated by Mr. Wilson, his attorney or other authorized person for Mr. Wilson's benefit. DATED this .oD{.,nth day of July, 2004. Approved as tO form: '~AIJdrney for Shirley Stiefvater DISTRICT JUDGE Attorney for Estates/Personal Representative ORDER APPROVING FINAL REPORT Attorney for Mariann Steffen -13 - ORDER APPROVING FINAL REPORT 0692 ORDER APPI~OVING FINAL REPORT Gay Woodhouse Gay Woodhouse Law Office, P.C. 211 West 19th Street, Suite 308 Cheyenne' WY 82001 307-432-9399 Attorney for the Estate of Daniel William Wilson 0693 51'~TE O~ \..%'O~3. iN G} COUNIY OF CAP,~O,,) FILED AUG 1 ? LIMnv CLERK 0~: Di:',id,-1 COURt' IN THE DISTRICT COURT FOR THE SECOND JUDICIAL DISTRICT OF THE STATE OF WYOMING IN AND FOR CARBON COUNTY IN THE MATTER OF THE ESTATE OF DANIEL WILLIAM WILSON, Deceased.' Docket No. PR 6593 ADDENDUM AND ORDER APPROVING EXHIBIT A TO ORDER APPROVING AMENDED FINAL REPORT, ACCOUNTING AND PETITION FOR DISTRIBUTION THIS MATTER having come before the Court following a hearing and the Court having entered an Order Approving Amended Final Report, Accounting and Petition for Distribution which referenced an Exhibit A in paragraphs (x)b. of the Findings and 5.a. of the Order, and the Court being advised of the value of the estate on the 2nd day of August and that the cash and securities held by Wyoming Bank and Trust are ready for final distribution, IT IS HIEREBY ORDERED THAT the Final Order shall include the attached EXHIBIT A: FINAL ORDER FOR DISTRIBUTION OF ASSETS, DANIEL WILLIAM WILSON ESTATE PROBATE 6593. DATED this I'1 fh day of August, 2004. Approved_.~,q~ ~i~t;rh~rley Stiefvater DISTRICT JUDGE '-~0694 Warren A. Lauer Attorney for Mariann Stiffen ~0695 ADDENDUM TO ORDER APPROVING FINAL REPORT ,0696 rn