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Court Order - Kirk, Clarence_12/11/1992•� r�� STATE OF ZNDIANA � ' � � � SS: COUNTY OF GIBSON � DEC 1 01992 G^�� I� N THE GIBSON CIRCUIT COURT i 1�.,�� fJatGi6smCiradC�1992 TERM IN THE MATTER OF THE UNSUPERVISED ADMINISTRATION OF THE ESTATE OF CLARENCE E. KIRK, DECEASED, ROSEMARY CRECELIUS, EXECUTRIX Cause No. 26C01-9204-EU-0052 PETITION TO CLOSE THE ESTATE OF CLARENCE E. RIRR ROSEMARY CRECELIUS, being first duly sworn upon her oath would respectfully show to this Court: 1. That she is the duly appointed, qualified and acting Executrix of the Last Will and Testament of Clarence E. Kirk, who died testate on the 22nd day of July, 1991, while domiciled in Gibson County, State of Indiana. 2. That this estate was opened at the request of various insurance companies among which were Washington National, Cincinnati Insurance Companies for the sole and exclusive purpose of settling the wrongful death claims of the decedent, Clarence E. Kirk, by formal administration. 3. That all property belonging to the decedent and his surviving spouse, including the following described real estate was owned by the decedent and his surviving spouse, Eula C. Kirk, as tenants by the entireties which real estate and all mineral interests passed to said surviving spouse by operation of law and which said real estate, all situate in Gibson County, State of Indiana, is described as follows, to-wit: �� • � A part of the SW 1/4 of Section 33, Township 1 South, Range 10 west, which by metes and bounds is described as follows: Begin at the NE corner of the SW 1/4 of Section 33, Township 1 South, Range 10 West, and run South 2 degrees and 30 minutes west along the east line of an improved Highway 383.46 feet; thence to the right by a 30 degree and 48 minute curve 165.3 feet; thence south 53 degrees and 25 minutes.west 584.46 feet; thence south 40 degrees 55 minutes west 470 feet; thence north 59 degrees .OS minutes west 500 feet; thence north 0 degrees and 13 minutes west 225 feet; thence north 10 degrees 43 minutes west 145 feet; thence north 35 degrees 23 minutes west 300 feet; thence north 12 degrees 53 minutes west 403 feet to the north line of said quarter section; thence east along said north line 1601.8 feet to the place of beginning and containing 30 acres, more or less; excepting therefrom the following described part thereof; A part of the southwest quarter of Section 33, Township 1 South, Range 10 West, bounded as follows, to-wit: Begin at the northeast corner of said quarter section, and run thence south two degrees thirty minutes west 383.46 feet; thence to the right by a thirty degree and 48 minute curve, 165.3 feet; thence south 53 degrees and 25 minutes west 490 feet to a point in the center line of an improved public road, 825 feet south of. the north line of said quarter section; thence west parallel to said north line to a point 656 feet west of the east line of said quarter section; thence north 20 degrees east 885 feet, to said north line; thence east along said north line 330 feet, to the beginning, containing seven (7) acres, more or less. ALSO, a part of the southwest quarter of said section 33, township 1 south, range 10 west bounded and described as follows: Begin at a point in the north line of said quarter section 1602 feet west of the northeast corner thereof and run thence east along said north line 670 feet; thence south 198 feet, thence west 660 feet; thence north 2 degrees 33 minutes west 198 feet, to the beginning, containing three (3) acres, more or less. ALSO, a 30 foot right of way extending form the west line of the first described tract to the east line of the last tract of land herein described and adjacent to the north line of the southwest quarter of section 33, township 1 south, range 10 west; and excepting further, A part of the southwest quarter of Section 33, Township 1 South, Range 10 West, bounded as follows, to-wit: Begin at an iron at the southwest corner of a certain tract of land conveyed by Clarence E. Kirk and wife to the City of Princeton, Zndiana, by Warranty deed dated January 29, 1962, recorded in Deed Record 158, Page 508, Office of the Recorder of Gibson County, Indiana, which corner is 656 feet west and 825 feet south of the northeast corner of said quarter section, and run thence east along the south line of said tract 100 feet to the center line of an improved road; thence southwesterly 340 feet along said center line; thence west 105 feet; thence north 700 feet; thence east 445 feet to the west line of said tract; thence south 20 degrees west along said west line 267 feet to said beginning corner and contain- ing five (5) acres, more or less; and leaving after said exceptions fifteen (15) acres, more or less. � � • � For chain of title to the above described real estate see Deed Record 132, Page 284; Deed Record 158, Page 508 and Deed Record 164, Page 165 all in the office of the Recorder of Gibson County, Indiana. ALSO, a part of the southwest quarter of section (33) township (1) south, range (-10) west, which by metes and bounds is described as follows: Begin at an iron pin 1601.8 feet west of the northeast corner of the southwest quarter of section (33) township (1) south, range (10) west and run south 12 degrees 53 minutes east 403 feet, thence south 35 degrees 23 minutes east 300 feet; thence south 10 degrees 43 minutes east 145 feet; thence south zero degrees and 13 minutes east 225 feet; thence south 59 degrees 05 minutes east 500 feet to the center line of an improved road, thence along the center line of said road south 40 degrees 55 minutes west 330 feet, thence south 23 degrees 35 minutes west 668.4 feet; thence south 66 degrees 15 minutes west 424.1 feet to the center line of Indian Creek Dredge Ditch, thence north 10 degrees 15 minutes west along the center line of said dredge ditch 2337 feet to the north line of � said quarter section, thence east along said north line 565 feet to the place of beginning and containing 34.6 acres, more or less. And being the same real estate described in Deed Record 124, Page 172, Office of the Recorder of Gibson County, Indiana. ALSO, the Northwest quarter of the Northwest quarter of Section 34, Township 1 South, Range 10 West, containing 39 acres. Being the same real estate as described and recorded on Page 157 of Volume 35 of the Miscellaneous Records of Gibson County, Zndiana, and all the minerals underlying said real estate. ALSO, The West part of the east half of section 27, township 1 south, range 10 west, bounded as follows, to-wit: Beginning at the northwest corner of the southwest quarter of said section and running thence south 45 chains; thence east 56 chains; thence north to Pond Run; thence down Pond Run with the meanders in the middle of the channel thereof to the line dividing the east and west halves of the northeast quarter of said section; thence north along said line to Patoka River; thence down said river with the meanders in the middle of the channel thereof to the line dividing the east and west halves of said section; thence south 16 chains to the beginning, containing 90 acres, more or less. 4. That there are no outstanding accounts due and owing to any person, firm or corporation, and subrogation rights by State Farm Mutual Znsurance Company in the amount of $25,000.00 were specifically waived. 5. That no federal estate taxes were due and owing, all as set forth in Chapter 11, Subtitle 13, Subchapter A, of the Znternal Revenue Code of 1954 (Sections 2001 to 2209), as amended by the 1981 Economic Recovery Act. � • � � � 6. That no Zndiana Inheritance Taxes are due and owing to the State of Indiana under the terms and provisions of I.C. 6.4.1-3-7 (a) and no inheritance tax schedule has been filed for this estate. 7. That pursuant to an order of this Court previously obtained Petitioner herein received the sum of $100,000.00 for the settlement of the wrongful death claim of the decedent and paid the firm of McDonald and McDonald the sum of $25,000.00 for their services. 8. That all expenses of this estate have been paid, no claims have been filed against said estate and no reason exists why said estate should not be closed. � /1 y' �a (, ��11.!-P.: -�l.h.1� l�') r;; Ct.d �(i1L��l,�-rt,�tL'7 L�iCi:CE' ROSEMARY ECELZUS, EXECUTRI�F'OF THE ESTAT OF CLARENCE E. KIRK, DECEASED STATE OF INDIANA SS: COUNTY OF GIBSON Before me, a Notary Public, in and for said County and State, personally appeared the above named signatory, who acknowledged the execution of the same as being true and correct and the same was signed on the ��"day of �.�-�`i 1992. � -�!� � SIGNATURE: (F�c,�- i7C.�fcutG-�; PRINTED: %:.�.Nan�+ ��,✓X��,�e.2 NOTARY PUBLIC, AND I RESIDE IN GIBSON COUNTY, IN My Commission Expires: i 1'1 o vc_,,,,2,_:.,- / L � � �' - � � JAMES G. McDONALD, JR. McDONALD AND McDONALD ATTORNEYS AT LAW 120 South Main Street Princeton, IN 47670 Telephone (812) 385-4816 FAX NO. (812) 386-6076