Aff - Davis, Norka Lynn_5/29/1996�
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STATE OF WASHINGTON
COUNTY OF �_
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AFFIDAVIT
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��A���C�1 FE�E� "�
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NORKA LYNN DAVIS, being first duly sworn upon her oath, deposes and says
as follows:
_ 1. Affiant is a resident of Yakima, Washington, of full lawful age, under no
legal disability and makes this Affidavit for the purpose of aiding in a determination
of title to the following described.real estate located in Gibson County, Indiana, to-wit:
Lots Numbered Eight (8) and Nine (9) in Block Number Five (5) in the
Northwestern Enlargement to the Town (now City) of Oakland City, Indiana.
2. The Affiant is the daughter of Nordeka H. McQueen, who acquired title
together with Owen H. McQueen, as husband and wife, to the above-described real
estate by Warranty Deed dated May 22, 1977 and recorded June 1, 1977 in Deed
Drawer 3, Card 1849 in the Office of the Recorder of Gibson County, Indiana. Owen
H. McQueen and Nordeka H. McQueen were continuously married from May 22, 1977
until the death of Owen H. McQueen who died on Z�z� I , 19�.
3. Nordeka H. McQueen died testate on November 7, 1990 while a resident
of Gibson County, Indiana. The affiant is also one of the devisees of the residuary
estate of Nordeka H. McQueen, pursuant to her Last Will and Testament of Nordeka
H. McQueen and she makes this affidavit upon personal knowledge.
4. The Estate of Nordeka H. McQueen was administered in the Gibson Circuit
Court as Cause No. 26C01-9011-EU-0115 as an unsupervised administration.
5. The Affiant acquired title to the above-described: real estate by a Personal
Representative's Deed dated January 20, 1992 and recorded January 22, 1992 in
Deed Drawer 8, Card 60 in the Office of the Recorder of Gibson County, Indiana.
Said Personal Representative's Deed siates that the Personal Representative
"Distributes and Convevs" said real estate to the Affiant. Said language appears to
indicate that this Affiant took title as a distributee of the Estate of Nordeka H.
McQueen; however, such distribution is inconsistent wiih Article III of the Last Will
and Testament of the deceased which required distribution of the residuary estate to
"my daughter, Norka Lynn Davis, and my step-daughters; Louise Smith and Beverly
Jean Fisher in equal shares, per stirpes". InasmucFi as this estate was administered
without court supervision, there is no indication of record in:said proceeding that the
Personal Representative's Deed was issued on a basis other than being a distribution.
The closing statement filed by the Personal Representative did not disclose any basis
for a transfer of title to the Affiant other than a distribution, reflecting as to property
only that the Estate had been fully administered and "all of the assets of the estate
have been distributed to the persons entitled thereto." � ,
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6. However, this Affiant did not take title to the above-described real estate
as a distributee of said estate. The Affiant purchased said real estate from the Estate
of Nordeka H. McQueen, deceased, along with a Ford Crown Victoria automobile and
various items of personal property. The funds generated by such purchase by the
Affiant were deposited into the estate checking account and said sale proceeds were
thereafter distributed consistent with the terms and provisions of the Last Will and
Testament of Nordeka H. McQueen.
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7. Said Personal Representative's Deed does not !represent a distribution
inconsistent with the terms and provisions of the Last Will and te'stament of•Nordeka
H. McQueen inasmuch as it was issued as a result of a`pu�chase rather_ than in
furtherance of a distribution, the language of said Personal_Repre`sentative's Deed
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notwithstanding. _ . ;;: , .
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8. No loan secured by a mortgage upon said real estate.currently exists.
FURTHER AFFIANT SAITH NOT.
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Norka Lynn Davis
STATE OF WASHINGTON �
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�� ,COUNTY OF �
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`Y=-�-:�•� `SUBSCRIBED �ND SWORN to before me, Notary Public, in and for said County
f.e.:.._ -"�••:�.
�;;�:and„State, this,�_ day of f'J�V 1996.
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