Court Order - Ashby, Kenneth Wendal_6/20/1978�
STATE OF ZNDIA\'A
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COUNTY OF GIBSO\
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Clerk Gibsen Circuit Court
IN iHE GIBSON CIRCUIT COURT
1978 TERt�1
IN RE: ESTATE OF LLOYD L. ASHBY,
KENNETH iV. ASHBY, EXECUTOR Cause No. PR 74-187
ORDER ON EXECUTOR' S FINAi, ACCOUNT AIdD PETITIOi]
(1) TO SETTLE AidD ALLOW ACCOUNT,
(2) TO DETERMINE DISTRIBUTION, AND
(3) FOR AUTHORITY R� DISTRIBUTE ESTATE
1. PROCEEDINGS'INVOLVED
This cause came on to be heard this 16th day of June,
1978, on the Executor's Final Acconnt and Petition (1)_ To.Settle and
Allow Account,. (2) To Determine Distribution, and (3) Por Authority
to Distribute Estate of Lloyd L. Ashby, Decease3, which Final Account
is hereinafter referred to as the °F-inal.Account" and reads as
fol.lows, to-wit: (H.I.)
.
2. PRELIMINARY NRISDICTIOt7AL FINDIDiGS
The Court thereupor. examined the pertinent notices and
proofs thereof and now finds that:
il) Due notice o£ the qcalification CP °L'C}:-. �X°CL't0- �z-�d_
of the issuance thereto of letters of administration.was given as by
law required.
(2) More than six (.6). months have elapsed since .the date
of the first published notice thereof to heirs and creditors. �
(3) Due notice o£ the filing of such Final Account and
Petition and of the hearing on the'same was given to all persons
interested in said Estate and the same is now nroperl_y before the Court
for final action thereon.
(4) No objections to such Final Account have been filed.
(5) Such °inal Account anc� Petition are now ready for
submission to the Court for considezation thereo£ and action thereon
by the Court.
3. SUBMISSION OF FINAL ACCOUNT.
Such Final Account caas thereupon submitted to the Court,
hear3 and examined and considered bv-the Cour't.
4. FINDINGS OF FACTS.
Having examined and considered such Pinal .�lccount and
Petition and being advised in the premises, the Court now finds
that:
(1) This Executor has accounted for all assets of the
estate coming into his hands during the period covered by this Final
Account.
(2) This Executor was charaAable with a gross estate of
$3,000.00, as ner inventory and apnraisement filed �:erein. That during
the period of Administration this Executor did not receive anv income-
therefore, the total ar,iount chargeable was 53,000.0�. The Executor
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advanced the sum of $3,458.14 for
and ocving in order to orevent the
was devised to him, in the amount
balance available for distrihution
consistinf of the real estate.
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the payment of an_y amounts due
sale of the real estate, t'�at
of $3,000.00. That there is a
in the amount of 53,000.�0,
(3) All claims filed against said estate and all debts and
liabilities of said decedent and of his estate `�ave been Daid.
(4) Neit:�er said decedent nor t:�is Executor c•:as an Emnlover
of Labor as that term is defined in the Indiana Employment Security
Act. The Inheritance Tax due the State of Indiana !�as been fullv
paid. The Executor has filed all necessary tax schedules and returns.
(5) All of the assets of said decedent`s estate have been
fully and finally administered unon and no reason exists why this
estate can.not be closed at this time. .
(6) The Decedent died testate leaving a Last s^7i11 and
Testament which was duly admitted to probate in this Court. Pursuant
to Item II of said Last P7i11 and Testament, Kenneth T9endal Ashby has
paid the amounts so specified to Elvis Ashby and Michael .Ashby, and
the only assets remaining to be distributed being the.real estate and
as set forth in said t4i11 this asset shall go to the bene£iciary,
Kenneth Wendal Ashby,, pursuant to said Item. .
(7) Said decederit died the owner of the follocaing described
real estate located in Gibson Countv, in the State of Indiana, to-wit:
A parcel of ground fifty (50) feet wide off.the east
side of Lot Number Tcoo (2) in the Old Plat of the Town
of Summitville, (noca incorporated as the Town of Somerville).
ALSO, a part of the Northeast �uarter of the Southeast
Quarter of. Section Tcao (2), Township-�hree (3), South,
Range Nine (9) iaest, bounded as follows: Beginning at
the southeast corner of Lot Number Two (2) in the Old
Plat of the Town of Summitville (now incorporated as
the Town of Somerville) .and run thence east ten (10)
feet; *_hence north narallel with the east line of said
northeast corner of said lot; th2nce west ten (10) feet
to the northeast corner of said lot; thence south to
the place of begi_nning except fifty (50) feet off of the
north side of all said real�estate heretofore reserved for
stock pens.
which said real estate was devised bv decedent's will to Kenneth P7endal
Ashby,pursuant to said provisions as provided for in said iaill, and
which said-real estate taas not disposed o.f during the administration
of this Estate.
(8) The account should be settled and allowec? and the nrayer
of the Petition should be granted.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED hy the Court
as follows:
1. Said Report and Account is hereby in all things anproved,
settled and confirmed and the prayer of said Petition is granted;
2. Title in and to the'real estzte of �ahich the decedent
died seized and oossessed, and described above, is now vested in
Kenneth Sdendal Ashby, the devisee under Item ZI.of Decedent's Last
Will and Testament;
3. That a certified copy of this Decree be filed of record
in the Office oP the Recorder of Gibson Countv, Sndiana, the Countv
in which the above described real estate is situate, shocaing the real
estate vested in Kenneth i�]endal Ashby, oursuant to Item ZI of the
decedent's Last L•1i11 and Testament.
4. The only asset of said Estate is the hereinabove described
real estate, therefore, with t`�e filing of this Final Account �:ith the
Court said estate sha11 be considere� closed and the Surety Bond cover-
ing said Executor and this Estate be cancelled as of.the date of this
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order, and for•all other jiast and oro�er elie� in the premises.
SO ORDERED THIS �� DAY OF �u+.,�� , 1978.
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JUDGE, GISSON CIRCUIT COURT
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