Court Order - Dewig, Anna_7/31/1986li
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STATE OF INDIANA
SS:
COUNTY OF GIBSON
Estate Dkt. No. PR-86-2
IN RE:
Estate of Anna De,wig,
deceased.
t'
Raymond Dewig,
Executor.
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J U L 31 1986
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IN THE GIBSON CIRCUIT COURT
1986 TERM
Entry: � � , 1986
) , ORDER ALLOWZNG AND APPROVING
) - FINAL-ACCOUNT, APPROVING
) ' DISTRIBUTION AND ORDER
) CLOSING ESTATE AND
) DISCHARGING EXECU'POR.
1. PROCEEDING TNVOLVED
This cause came on to be heard this 3� day of July,
1986, upon the "Executor's Final Account and Petition (1) To Settle
and Allow Account (2) Approve Distribution and (3) For Authority To
Close Estate", filed by Raymond Dewig, Executor of the Estate of
Anna Dewig, deceased, which account and petition is hereinafter
referred to as "Final Account" and reads as follows:
(H.I.)
2. PRELIMINARY JURISDICTIONAL FINDINGS
The Court thereupon examined•the pertinent notices and
proofs thereof and now finds that:
(A) Due notice of the'qualifications of such Executor
and of the issuance thereto of letters testamentary was given as
required by law.
(B) More than five (5) months have elapsed since the date
of the first published notice to the creditors and othez persons
interested in such estate.
(C) Due notice of the filing of such final account and of
the hearing thereon was given to all persons interested in such estate
as required by law.
(D) No objections to such Final Account have been filed.
(E) Such Final Account is now ready for submission to the
Court, for consideration thereof and action thereon by the Court.
3. SUBMISSION OF FINAL ACCOUNT
Such Final_Account was thereupon submitted to the Court and
heard, ezamined� and considered by the Court. .
4. FINDING OF FACT
Having examined and considered such Final Account and being
duly advised, the Court now finds that:
(A) The amounts claimed as credits for the Executor and
Attorney's fees are just and reasonable for services rendered to
date and for the normal anticipated services to be rendered in con-
nection with the closing of said estate.
(B) This Executor has accounted for all assets in the
estate coming into his hands, during the period covered by such
Final Account.
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Total Chargeable---------------$370,762.18
Total Credits Claimed---------- 325,661.06
Cash Balance For Distribution--$ 45,101.12
Pursuant to Item IV of decedent's Last Will and Testament one-
seventh of the residuary cash balance ($6,443.01) has been distri-
buted to Norman Dewig, son of decedent; one-seventh ($6,443.01) to
Eugene Dewig, son of decedent; one seventh ($6,443.02) to Raymond
Dewig, son of decedent; one seventh ($6,443.02) to Helen D. Weber,
daughter of decedent; one seventh ($6,943.02) to Margie Schneider,
daughter of decedent; one seventh ($6,443.02) to Esther D. Byrne,
daughter of decedent and one seventh ($6,443.02) to Irma Helfrich,
daughter of decedent for a total distribution of Forty-Five
Thousand One Hundred One Dollars and Twelve Cents ($45,101.12)
leaving no assets remaining.
(C) The Inheritance Tax due the State of Indiana with
respect to such estate has been determined and fully paid in the sum-
of Four Thousand Eight Hundred Twenty-Four pollars and Fifty-Seven
Cents ($4,824.57). •
Decedent's estate being in a gross of less than Four
Hundred Thousand Dollars ($400,000.00) no Federal Estate Tax Return
Form No. 706 was prepared and filed on behalf of decedent's estate.
That no Federal Fiduciary Income Tax nor Zndiana Adjusted Gross
Income Tax was payable by decedent's estate.
Neither the decedent nor this Executor were employers
of labor as that term is defined in the Indiana Employment Security
Act, and there are no unpaid contributions, interest or penalties
imposed by such Act due from such estate.
(D) All expenses of administration have been paid including
the fees of this Executor and his attorney for all services ren-
dered to date and for any normal anticipated services to be ren-
dered in connection with the closing of said estate.
(E) There are no unsatisfied claims filed against such
decedent's estate and all debts and obligations of the decedent and
of her estate, insoEar as shown by the record, have been paid or
discharged.
(F) That all provisions of decedent's will and codicil
have been executed by the Executor.
(G) All of the assets of such decedent's estate have been
fully administered upon and no additional cash balance remains in the
hands of said Executor for distribution.
(H) The decedent at the date of her demise was the owner
of certain parcels of real estate and the mineral interests
therein, situate in Gibson County, State of Indiana, more par-
ticularly described as follows:
�^PRACT 1
The northwest quarter of the southwest quarter of Section 29,
•Pownship 3 south, Range 10 west, containing 40 acres, more or
less;
�TRACT 2 (A)
The southeast quarter of the southwest quarter of Section
25, Township 3 south, Range 11 west, containing 40 acres, more or
less;
'� RACT 2 ( B )
Part of the southeast quarter of Section 25, Township 3 south,
Range 11 west, described as follows: Beginning at the
southwest corner of said quarter section, and running thence
north 49 rods; thence east 132.25 rods; thence south 49 rods;
thence west 132.25 rods to the place of beginning, containing
40 5/8 acres;
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TRACT 2 (C)
A part of the southwest quarter of the southwest quarter of
Section 25, Township 3 south, Range 11 west, described as
follows: Beginning at the southwest corner of the southwest
quarter of the southwest quarter of Section 25, Township 3 south,
Range 11 west, and running thence east to the southeast corner of
said quarter quarter section; thence running north a distance of
804.5 feet; thence running west to the west line of said quarter
quarter section; thence running south a distance oE 809.5 feet to
the place of beginning and containing 24 acres, more or less;
EXCEPTING therefrom the following described tracts: (a) a part
of the southwest quarter of the southwest quarter of Section 25,
Township 3 south, Range 11 west, and described as follows: Begin
at a point in the west line of said quarter quarter section 804.5
feet north of the southwest corner thereof, and run thence south
132 feet; thence east parallel to the south line thereof, to the
east line thereof; thence north 132 feet; thence west to the pla-
ce of beginning, containing in said exception 4 acres, more or
less; and (b) a part of the southwest quarter of the southwest
quarter of Section 25; Township 3 south, Range 11 west, described
as follows, to-wit: Begin at a stone at the southwest corner of
said quarter quarter section, and run thence north along the west
line thereoE 330 feet; thence east, parallel to the south line of
said quarter quarter sectio❑ 660 feet to an iron; thence south
parallel to the west line 330 feet to an iron in the south line
of said quarter quarter section; thence west along said south
line 660 feet to the place of beginning, containing 5 acres, more
or less, and containing, exclusive of said exceptions, 15 acres,
more or less;
TRACT 3
Part of the north half of the northeast quarter of Section
36, Township 3 south, Range 11 west described as follows:
Beginning at the ❑orthwest corner of said half quarter section
and running thence south 60 rods; thence east 160 rods to the
east line of said half quarter section; thence north 60 rods to
the northeast corner of said half quarter section; thence west
160 rods to the place of beginning, containing 60 acres, more or
less;
ALSO, the northwest quarter of the northwest quarter of Section
31, Township 3 south, Range 10 west, EXCEPTING thecefrom the
following described tracts: (a) Beginning in the west line of
said quarter quarter section at a point 30 (2-pole) chains south
of the northwest corner thereof, and run thence east 16 chains and
2� links to the middle of the right of way of the Chicago 6
Eastern Illinois Railroad; thence south along said railroad line
to the south line of said quarter quarter section; thence west to
the southwest corner thereof; thence north to the place of
beginning, containing 3 acres; and (b) Begin at a stone guarded
by two irons at the southeast corner of said quarter quarter sec-
tion and run thence west and along the south line thereof,
208.71 feet to a 5/8 inch iron; thence north and parallel to the
east line of said quarter quarter section, 20.00 feet to a 5/8
inch iron; thence continuing north on the same bearing, 188.71
feet to a 5/8 inch iron; thence east and parallel to the south
line thereof 208.71 feet to a 5/8 inch iron on the east line of
said quarter quarter section; thence south along said east line
208.71 feet to the place of beginning and containing 1.00 acre;
and also EXCEPT the right oE way of the Chicago 5 Eastern
Illinois Railroad, through said quarter quarter section.
that pusuant to the first paragraph of Codicil I of decedent's
last will and testament Tract 2 C was sold under Court Order to
Eugene J. Schneider and Margie A. Schneider, husband and wife.
The remaining tracts of real estate remained unsold during admi-
nistration, Eugene and Celestine Dewig having elected not to
purchase real estate pursuant to the option granted them in
paragraph 2 of Codicil I of decedent's last will and testament and
that said real estate pursuant to Item IV of decedent's last will
and testament was devised and now vests as follows:
'' � •
Helen D. Weber
R.R. 1
Haubstadt, IN 47639
(undivided 1/7th)
Norman Dewig
R.R. 4, Rlietz Rd.
Evansville, IN 47712
(undivided 1/7th)
Eugene Dewig
R.R. 2
Haubstadt, IN 47639
(undivided 1/7th)
Esther D. Byrne
716 West Hermosa Dr.
Tempe, AZ 65282
(undivided 1/7th)
Raymond Dewig
R.R. 2. P.O. Box 10
Haubstadt, IN 47639
(undivided 1/7th)
Irma Helfrich
R.R. 1, P.O. Box 58
Haubstadt, IN 47639
(undivided 1/7th)
Margie Schneider
R.R. 1, P.O. Box 451
Ft. Branch, IN 47648
(undivided 1/7th)
That the aforesaid residuary beneficiaries of decedent
are each legally competent adults, whose addresses are as above
stated.
5. :COURT'S GENERAL CONCLUSION
' The Court now concludes that such final account is correct
and that the prayer thereof�should be granted in full.
, 6. DECREE
IT IS NOW THEREFORE ORDERED, ADJUDGED AND DECREED by the
Court that:
(A) The Final Account is hereby in all respects approved,
settled, allowed and confirmed;
(B) That distribution of estate assets made to Helen D.
Weber, Norman Dewig, Eugene Dewig, Esther D. Byrne, Raymond Dewig,
Irma Helfrich and Margie Schneider, residuary testamentary benefi-
ciaries of decedent's Last will and Testament and Codicil I and the
amounts claimed as credits for the payment of the fees of the
Executor and his attorney for services rendered to date and for the
normal anticipated services required in closing the estate is
hereby allowed and confirmed;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court
that the Estate of Anna Dewig, deceased, be and the same is now
decreed as fully and completely administered; and, it is further
decreed and ordered by the Court that Raymond Dewig, as Executor
o£ said decedent's estate is fully and completely discharged from
any and all further duties and liabilities herein, and the Estate
of Anna Dewig, deceased, be and the same is herenow adjudged as
fully and finally settled and closed.
WALTER . PAL ER, JUDGE
GIBSON CIRCUIT COORT