Court Order - Corn, Wayne_2/25/1986�
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STATE OF INDZANA )
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COUNTY OF GIBSON )
IN THE MATTER OF THE SUPERVISED )
ESTATE OF WAYNE CORNE, DECEASED )
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IN TxiEfr���I-ff5023''CIR�UIT COURT
Estate No. PR-84-52
Estate Docket 21, Page 66
ORDER APPROVING PERSONAL REPRESENTATIVE'S
FINAL ACCOUNT AND DECREE OF FINAL DISTRIBUTION
This cause came on to be heard on this 2S day o£ April,
1985, upon the "Personal Representative's Final Account, Petition
to Settle and Allow Account, and Petition for Authority to Distri-
bute Assets Remaining and Close Estate," filed by Brenda Sollman,
Executrix of the Estate of V7ayne Corne, Deceased, which account
and petition are in the words and figures following, to-wit:
(H.I.)
And it appearing that no objections were filed thereto and
the Court being fully advised in the premises now finds that:
1. Due notice of the filing of said account and petition
and of the hearing on tne same were given to ali persons interested
in said estate, and the same are now properly before the Court
for final action thereon.
2. Wayne Corne, died testate, a resident of the County of
Gibson, State of Indiana, on the 30th day of March, 1989, and his
Last Will and Testament was duly admitted to probate before this
Court on the 16th day of April, 1984, and that Karen Kifer, who
was appointed by such decedent as Executrix of his Last Will and
Testament, was unable to serve as such Executrix, and that Peti-
tioner, Brenda Sollman, who was duly appointed by such decedent
as Executrix, if Karen Kifer was unable to serve as such Executrix,
was duly qualified as such Executrix on the 16th day of April,
1984, and as su�h Executrix Letters Testamentary were thereupon
issued to Petitioner on the 16th day of April, 1989, and since
that date she has continued to serve in such capacity.
3. The matters and things stated in said account and
petition are true, and that said Executrix has accounted £or
all the assets in said estate coming into her hands.
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4. More than five (5) months have elapsed.since the date
of the first published notice to legatees, devisees and creditors
of said decedent
paid and discharged
All claims filed against said estate have been
Neither said decedent nor his personal
representative was an employer of labor within the meaning of that
term as used in the Indiana Etnployment Security Act. The Indiana
Inheritance Tax determined to be due in this estate has been paid
and proof of such payment has been given. No.federal estate tax
was due in this estate and no federal estate tax return was
required to be prepared. All state and federal income taxes
due for said decedent and said decedent's estate have been paid.
All the assets of this estate have been administered upon and
no reason exists why this estate cannot be closed at this time.
5. Since decedent's wife, Minnie Corne, died on January 6,
1982, pursuant to Item III of decedent's Last Will and Testament;
all assets and property remaining in the estate should be distri-
buted equally to decedent's five great-grandchildren: Stephen
Robert Kifer, Annette Lynn Kifer, Craig Edmond Brittingham, Robert
Eldon Brittingham, and Lynnette Jane Sollman.
6. The five great-grandchildren, who are the sole legatees
under decedent's Last Will and Testament, are all minors under the
age of eighteen (18), with their ages and dates of birth shown
as follows, to-wit:
Name
Stephen Robert Kifer
Annette Lynn Kifer
Craig Edmond Brittingham
Robert Eldon Brittingham
Lynnette Jane Sollman
Ag e
15
12
11
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3
Date of Birth
May 19, 1969
May 29, 1972
July 21, 1973
October 5, 1975
July 11, 1979
7. The whole estate of each minor great-grandchild does not
exceed the value of $3,500.00. Pursuant to Indiana Code 29-1-18-50,
without appointment of guardian or the giving of bond, the payment
and delivery of the assets of the estate should be made to the
parent or parents of the minor to be held and disposed of as follows,
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to-wit: all payments made to such parent or parents, pursuant to
this decree should be deposited by said parent or parents in a
federally insured account payable to the minor upon his or her
attaining the age of eighteen (18) years or to the guardian of
the estate of said minor when and if appointed, and that the
parent or parents should hold said minor's interest in the Land
Contract, a copy of which is attached hereto as Exhibit A and
incorporated herein, which is an asset of the estate, to be distributed
to the minor upon his or her attaining the age of eighteen (18)
years or to the guardian of the estate of said minor when and if
appointed. Each minor's share of the cash balance remaining in
the estate should be distributed to the parent or parents having
care and custody of the minor as follows, to-wit:
Stephen & Karen Kifer, father & mother of
Stephen Robert Kifer
Stephen 6 Karen Kifer, father & mother of
Annette Lynn Kifer
Brenda Sollman,.mother of Craig Edmond
Brittingham
Brenda Sollman, mother of Robert Eldon
Brittingham
Ronald s Brenda Sollman, father & mother of
Lynnette Jane Sollman
Amount
$1,407.37
$1,407.37
$1,407.37
$1,407.37
$1,407.38
The Land Contract, a copy of which is attached hereto as
Exhibit A and incorporated herein, which is an asset of the estate,
should be distributed to the parent or parents of the minor as
follows, to-wit:
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Stephen & Karen Kifer, father & motner of
Stephen Robert Kifer (one-fifth interest)
Stephen & Karen Kifer, father & mother of
Annette Lynn Kifer (one-fifth interest)
Brenda Sollman, mother of Craig Edmond
Brittingham (one-fifth interest)
Brenda Sollman, mother of Robert Eldon
Brittingham (one-fifth interest)
Ronald 5 Brenda Sollman, father & mother of
Lynnette Jane Sollman (one-fifth interest)
Market Value
$ 624.54
$ 624.54
$ 624.54
$ 629.54
$ 624.54
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B. The amount claimed as credit for the fees of the personal
representative and the personal representative's attorney are just
and reasonable for the services rendered to date and for normal
anticipated services to be rendered in connection with final distri-
bution of the estate.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court
as follows:
1. Said Final Account of said personal representative is
hereby in all things approved, settled and confirmed.
2. That the sole legatees as prescribed under the Last �Jill
and Testament of said decedent are the five minor great-grandchildren
of decedent as follows, to-wit: Stephen Robert Kifer, Annette Lynn
Kifer, Craig Edmond Brittingham, Robert Eldon Brittingham, and
Lynnette Jane Sollman, and that pursuant to Indiana Code 29-1-18-50,
the balance of property remaining in said personal representative's
hands should be distributed to the parent or parents having care
and custody of said minor great-grandchild, pursuant to the distri-
bution set forth in the final accounting.
3. Said personal representative is hereby directed to distri-
bute the cash balance remaining in the estate to the parent or
parents having care and custody of the minor great-grandchildren
as follows, to-wit:
Stephen & Karen Kifer, father & mother of
Stephen Robert Kifer
Stephen & Karen Kifer, father & mother of
Annette Lynn Kifer
Brenda Sollman, mother of Craig Edmond
Brittingham
Brenda 5ollman, mother of Robert Eldon
Brittingham
Amount
$1,407.37
$1,907.37
$1,907.37
$1,907.37
Ronald 6 Brenda Sollman, father 6 mother of
Lynnette Jane Sollman $1,907.38
9. Said Land Contract, a copy of which is attached
hereto as Exhibit A and incorporated herein, which is an
asset of the estate, be and hereby is distributed to the
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parent or parents of the minor great-grandchildren as follows,
to-wit:
Stephen & Karen Kifer, father s mother of
Stephen Robert Kifer (one-fifth interest)
Stephen & Karen Kifer, father & mother of
Annette Lynn Kifer (one-fifth interest)
Brenda Sollman, mother of Craig Edmond
Brittingham (one-fifth interest)
Brenda Sollman, mother of Robert Eldon
Brittingham (one-fifth interest)
Ronald � Brenda Sollman, father & mother of
Lynnette Jane Sollman (one-fifth interest)
Market Value
$ 624.54
$ 629.54
$ 629.54
$ 624.54
$ 629.59
5. It is directed that all payments made to said parent or
parents, pnrsuant to this decree, be deposited by said parent or
parents in a federally insured account payable to the minor upon
his or her attaining the age of eighteen (18) years or the guardian
of the estate of said minor when and if appointed. It is further
directed that the parent or parents of said minor hold the mir.or's
interest in said Land Contract to be distributed to the minor upon
his or her attaining the age of eighteen (18) years or to the guardian
of the estate of said minor when and if appointed.
6. Following such distribution the personal representative
is directed to file a supplemental report showing that the personal
representative has complied with the terms of this Order, and that
the assets have been distributed in accordance herewith, and
reporting any additional income or expenses incurred on behalf
of the estate.
All this ordered this .Z � day of April, 1985.
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WALTER H. PALMER, Judge
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EXHIBIT A
` CONTRACT FOR PURCHASE OF REAL ESTATE . . .
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THIS AGREEMENT, made this �� day of. August; .1978:8Y an(1
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':'�! ^ BETWEEN: .
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` �WAYNE CORNE and
�, :. `� MINNIE CqRNE,.; Husband and Wi fe ���
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`�' ` 8f Gibson County,"1r( �the State of Ir_diana� hereinditer refzrred
to as SELLEHS, and ' ';�:,�'•. '�'���,': ... .
JERRY B. RICHARDSON and � . �
LINDA L. RICHARDSON, Husband and Wife, AND
:.SAMUEL B. SEITZ and
BAR9ARA SEITZ, Husband�and Wife
of Gibson County, i� the State of Indiana, herei�after referred
�� to as BUYERS, WI7NESSETH: �
The Sell�rs, in consideration of the sum of Eight Thousand
five Hundred 0ollars ($B,SOO.OQ), One Thousand Dollars ($1,000.00)
of which is atknowledged as a down payment, hereby agree to sell
unto the Buyers the following described Real Estate situate in
.;,;•=. ,.•;i:`'�`'Gibson�'County,`�in the Szate uf ':nd�ar.a, to-wi.t::_. . .
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Lot number three (3) in block number sixteen
(16)_ in the Southern Enlargement to the town
(now city) of Oakland City, Indiana, being
real estate described•in Deed Record 123,
page 19, in the office of the Recorder o.f
Gibson County, Indiana.
And the Buyers hereby agree to purchase said premises at the,
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. ' said consideration oP $8,500.00, $1,000.00 of which is acknowl-
. edged�as�a down paYment by Sellers, and of which the remaining
$7,500.00 ts to be paid at the rate of One Hundred Dollars ($100)
per month with 9 3/4°� interest per annum until fully paid. The
first installrrwnt shal;l �e �1ue.,on the 7th day of.September; 1978
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��?i� . 1ie,`�n§.C�b117+a�k�hs1�1�`be� tlue `ur+�the 7th.:daY of
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�?:� q�ch�mont�i thersafter until fnlly paid. There Shall be no penalty
. ddr.:: .. : ' .. '_ . .
��;:' �:'`' -�' '•ter:p�epqY!neat': �' It:..is further agreed that the Buyers shall nqt
- : be in breach".of .this Contract.;until any of said installments...�� .'
. � .�beCa+b rtqre th�n thirty (3�) days past due. . ."'.-;``'.;
• •ihe 8uye�s"hereby agree to keep the said prsmises���insur8d
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timea.against fire and cortmon disaster�for an emount rw.
tess"�than 58,500.00, and to provide to the Sell�s.►�r.it•ta�-proof .
of st�ch .1 nsurance. �.
�The Sellers promise end agree to pay a11 1977 prope•rty
•.taKely>, pnd ,qp#assmants due and payabl e i n 1978 and Buyers prortii se _
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en�"�Agr'ee ta�pay •'al 1�"ta�tes and asse;sments .b�Cani ng due there-
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after: '': °� =-a...; _ . �:.
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�'Should the Buyers faii to make any payments requlred by them
to be:pald under tM s Contract for taxes, assessmants� or
.^�� lnsuranCe, the Sellers may. without altering their rights harein,
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, make�any or.e�ll of said payments and any sum so.paid�by them shal'
���`�='�' besart►e a part of the principal sum remaining due under thts
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� � ..�:,,-8uyars'�hat 1 heve the ri,ght to take possession oP Eha
. pr�ritses th4rty (30)'deys aPter the date oP tM s Contract.
�- '�:�Seller5��4xpressly grant permission to Buyers to remodel said
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I�i {. MO�TOM �T�[R
��KL�MD CITY. IMO. �1�10
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:c�r,rislc;-:d�-e.� euyers afl[.pe:;:�.q ba :liable to
6mFlers .for'; any. dartrege which euyers cause to the property as a
rasul;E Of.8�1d rertn�eling.
��� in�`Cese�of fallure for a period of more than thirty (30)
,dsys`.of the @uyers to pay any of the sums of mpney, or to do any
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of�the th1.f►Qs:requlred to be done by them, then the Sellers may,
at°�their ppt,i:on, .declare this Contract to be null and void and
eli.'rponies_.paid on the same shall be and are hereby agreed to be
reAt;:`,a�1d �:i�uidated .demages for the breach of thi s Contract.
And it`�is fu.rther agreed that any costs which the Sellers may
sustain by virtue of a breach of this Con�rac[ and in efforts to
,p� ss.id:pr�mis.as�..shall be ehargeable to and
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�.;� A�d the Sellers, on receiving full payment of the sums re-
qut:r.ed.by this Contract, and within a reasonable period of time
th�reaFter:;-shall� et the�Sellers� own proper;cost and expense�
dsllver tO 8aid Buyers or to the euyers' sssigns, a deed which
#ho11 be the usual Warranty Deed in p�oper.stqtutory form.for `
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,." .:;.`' ?�' �acqrdlnq and� shal l be duly executed and ack�liej_dged,.•$o es to
L`-�'s''. corrvey to ttre,-Buyers or his.assigns the fee simp.le of-said: .. -
'.' p��pi;es; fres:oP all encumbrances except as he.celn st�ted,:and
"�� =provl�de the Buyers with an Abstract of Title to the sald�prelnises�
= :';:�.. ;:::: �...�sai.d �bstract to cover no less� than the statutory period_down. to
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•`end�lud�n�^the`dete�of the:conveyanCe betweer the pa.�tl�s .
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. hereto. ' , . _ - "'"`'.;�:�. .
". :':pnd 1t.is.understood that the stipLl.ations.efores.pid d�e �
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: oppl:y:ta and�bind the heirs, exacutors, administrators:.and
, " �aastqns`PP:,Che respective perties. _ .
��: `:-:, ::'.;' �::�,�Thts 1nStrument may not be changed, modified or dicharged
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• '`��'�WITNESS.,'the signatures of the above partie,s.
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, ' STATE� OF. IN4IANA )
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• ' • COUNTY OF G;IBSON ?
`.BePorq�.��e� �,�g�< <- �o�^� , the undersigned Notary
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'pubt�i�,�:persqnally appeared the within named Sellers, Wayne
� `�', �Cor,nB eRd Mirmie Lorne� who signed the foregoing Contract for
�' �Purchese.-oP ;Re�l•;Estate in my presence and acknowledged the same
� to be their`°act and deed for the purposes therein set forth
this .,,,[,y� dey of August� 19.7$•_
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i'i'.r� �ti ���j'tys�i ,y^, ,� � .r,� i R.� .' � ^ �... � � �
t i .�i; � � l� � + �� Y� r. � : � � �•�}�Ota�Y PUD I 1 C ,.
- <•� '' '�' -° I am a resident of Gibson'County� IN
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My Cortmission Expiras: ,
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- �', WITNESS��the signature of the Buyers _ ,t
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erry , c ,r son: �,
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Linda . R c erdson ,
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' �-..; ..STATE• QF:'.INDIANA ) : . ;. :
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• ;�COUNTY:QF GIBSON. ) , . —
. < ; ;, :- ,: � ' 9+etore me� � _� n r,_ �, l.. a , : .,the unders�i gt�ed. ►�oc.
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E�: Pt�b�1e.�"personally, appearad the within named Jerry.8. Richards�
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.;:..�;: :`�4+ndi� C,,;:,Riehondson, Sarrwel e. Seitz and BBrbara Seitz, Buyers
� ��• wrho �jtt�e,d� th�.fiorsgoi�p Contract for Purchase of Real Estate
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,r .�`,rz-�.t yY'� :;"^p��t�C``�+'S'�i� . i.�ik�74fyni {�.i4 �. �'::t:a'�S : -�yl-. _r';'_. '. ' � ', "' ' . ,..:. �;tl:!.: �. : �. ' .
. , fn aq. p��aenc� and acknowledged the same�`tv'be thp�r acE and d�
.`�. _. ""��' ,'Por :Che�;purpqses therein sat forth this �;: day of August, 1g
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' . � ',' �' Notary Pu�ii�c
• '... I am a resident of Gibson Count�
IN
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"My.:;Eortm,lgslon.�xplress
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� � ,. _. ,;:`..:Th'�s�`instrument was prepared by Virginia M. 0'leary,
- • ' '�Attorney.at Law, 253 North Main, Oakland City, Indiana
47660. �
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