Loading...
Aff - Knopfmeier, Mildred L_3/30/1988. ' . � STATE OF INDIANA ) ) SS: COUNTY OF VANDERBURGH) AFFIDAVIT � MILTON A. KNOPFMEIGR, being first sworn upon his a3th, deposes and s�ys that the matters and things hereinafter set forth are true and correct: 1. That he is the surviving widower of Mildred L. KnopPmeier (also known as Mildred Lois Knopfineier), who died testate on January 24; 1988 xhile a resi'dent of Vanderburgh County, State of Indiana. That the decedent, Mildred L. Knopf- meier, at the time of her decease was the owner of an undivided one-half ('1/2) interest in and to the following described real estate situate in Union Township, Gibson County,�Indiana, to-wit: A part of the Southwest Quarter of the Northeast Quarter of Section 12, Township 3 South, Range 11 West, bounded as follows: Beginning at the northeast corner of said Quarter Quarter Section running thence south 12 rods; thence west 32 rods and 17 links; thence south '18 rods and 1% links; thence west 50 rods and 4 links; thence north 31 rods to the northwest corner thereof; thence east 82 rods and 21 links to the beginning, containing 12.24 acres, EXCEPT a strip of ground 30 feet in width off the west side thereof; ALSO, a part of the Southwest Quarter of the Northeast Quarter of Section 12, Township 3 South, Range '11 West, bounded as follows: Beginning at the southwest corner of said Quarter Quarter Section and running thence north 50 rods; thence east 48 rods; thence south 50 rods; thence west 4$ rods to the place of beginning, con- taining 15 acres, more or less, EXCEPT a strip of ground 30 feet in width off the west side thereof; ALSO, a part of the Southwest Quarter of the Northeast Quarter of Section 12, Township 3 South, Range 11 4lest, bounded as follows: Beginning in the east line of said Quarter Quarter Section 12 rods south of the northeast corner thereof, and running thence west 32 rods and 17 links; thence south 42 rods and 17 links; thence east 32 rods to the E. & T. H. Railroad; thence along said rail- road and the east line of said Quarter Quarter Section to the beginning, containing II.71 acres. ALSO, all that part of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter of.Section 12, Township 3 South, Ftange 'i'I West, which lies north of the Fvansville and Terre Haute Railroad, known as the Pit. Vernon Branch, ancl east of the east line of the Eva nsville and Princeton Traction Line, GXCEPT tt�at part thereof described as follows:- A part of the Northwest C�uarter of the South- east Quarter of said Section 12, described as follows: Beginning at the northeast corner of said Quarter Quarter Section and run thence west 10 rods; tt�ence south 38 rods to the north line of the (�It. Vernon Branch of the Evansville and Terre Haute Railroad; thence east and north along a curved line 3� rods and 1 foot along the west line of the north arm of the said Mt. Vernon Branch o£ the Evansville and Terre 1[aute Railroad to the north line of said Quarter Quarter Section to the beginning, containing 1.5 acres, more or less, and containing in the land hereby described, after said exception 28.08 acres; and containing in all 64 acres, more or less. � 9 � � 2. Decedent, Mildred L. Knopfineier, at the time of her decease as the owner of an undivided one-half (1/2) interest in the above-described real estate, was an equal tenant in common of such real estate with her sister-in-law, Ann f+l. Sides, who was the owner of the other undivided one-half (1/2) interest in such real estate. 3• That on the 28th day of January, 19f3f3, the last will and testament of Mildred L. Knop£meier was duly probated in the Vanderburgh Superior Court, Probate Division, o.f Vanderburgh County, Indiana, wherein she devised all of her interest in the above-described real estate to this affiant, t•tilton A. Knopfineier, pursuant to Article III of such last will and tes-L3ment, whereby this affiant, Milton A. Knopfineier, became the owner o£ an undi- vided one-half (1/2) interest in the above-described real estate with Ann M. Sides, who is the owner of the other undivided one- half (1/2) interest in such real estate. A certified copy of the last Nill and testament of the decedent, P411dred L. Knopfineier, is attached hereto, made a part hereof, incorporated herein by refer- ence and marked "Exhibit A." 4. No Indiana inheritance tax was due or owing by reason of the decease of the decedent, P111dred L. Knopfineier, since she devised and bequeathed all of her property by her last will and testament to this affiant, Milton A. Knopfineier, who was her surviving husband, nor were any federal estate taxes due or owing by reason of the decease of Mildred L. Knopfineier. No administration of the estate of Mildred L. Knopfineier has been instituted and none is contemplated by reason of the fact that all bills, debts and obligations of the decedent, Mildred L. Knopf- meier, have been £ully paid and satisfied, and no reason exists for having an administration of her estate or any assets owned by the decedent, f9ildred L. Knopfineier, at her decease. 5. This affidavit is m�de in aid of and for clarifica- tion of title to the above-described real estate and to establish that the affiant, hiiiton A. Knopfineier, is now ihe owner of tne undivided one-half (1/2) interest ih the above-described real estate previously owned by the decedent, Mildred L. Knopfineier. Further affiant sayeth not. / /�i�/�L �/ I ` ✓(i[�YG ( SEAL ) Milton A. Knop� `ier Subscribed and sworn to by h1ILTON A. KNOPFMEICR b�ore me, a Notary Public in and for said State and County, this�29 day o f /�fa.__,/,c. , 1988 . — Signature �-�-� � iC •�...�� Printed Wilma R. Beal , Notary Public My County oi' Residence Is: _ Vanderbur�h, Indiana _ [9y Commi`ssion Expires: ' ��,�'�Ma v 9 , 1991 This instrument was prepared by Robert D. Norton, Attorney at Law, of the law firm of Norton, Schwentker and Norton, Fva nsville, I ndia na,. -2- a R • i LAST WILL AND T�STAMENT OF MILDRED L. KNOPFMEIGR I, MILDRED L. KNOPFMEIER, a resident of Vanderburgh County, Indiana, make and declare this to be my Last Will and Testament, hereby enumerating and publishing the following ArLicles Testa- mentary: ARTICLE I Revoc'ation bf Previou5 W1'T1"s"and Codicils I revoke all vrills and codicils thereto heretofore exe- cuted by me. ARTICL� 'II Admini�t"rati'ori "o'f �sL'ate "Se'c'tion 1. SettTement of �stat'e=-Payment of De6ts. I direct my Personal Representative to settle my estate as promptly as in his discretion may appear advisable in consonance with a maximum realization from the assets.of my estate. In connection with such settlement I direct my Per�onal Representative to pay all of my legally enforceable debts, including all tuneral and burial costs and expenses of my last illnes�, and the cosLs and expenses of administering and settling my estate. Sec'ti'on 2..''Payment of Death 'Taxes. All estate, inheri- tance, transfer, legacy, or succession taxes, or death duties, which may be assessed or.imposed with respect to my estate, or any part thereof, wheresoever situated, whettier or not passing under my lJill, including the taxable value of all policies of insurarice on my life and of all transfers, powers, rights.or interests includiUle in my estate for the purposes of such'taxes and duties, shall Ue paid out of my Residuary GstaL-e as an expen�e of adminlstration and vrithout apportionment. Section 3. DefinitYon. Throughout this Will, the masculine gender shall be deemed to include tt�e feminine and neuter, and the singular the plural, and vice versa, wherever required by the context.:' � , . �� it�- � . �� / EXHIBIT A �% �. / � ��� . /��-����,- ,�-�r•;C�•�-,w,cc_, . �SEAL) � , � —1— � � 11R'PICLG 'III. _ .. ... Residuary Est'ate. All of the rest,' residue and rema:Lnder of my estate, both real and personal, of whatsoever klnd ancl wl�eresoever located, which I may own or have the rigtit to dispose"of at..the time of my death, such residue being.hereinafter sometimes referred to as my "Residuary Bstate", I give, devise and bequeath to iny husband, Milton A. Knopfineier,.if he is living at the time of my death. If my said husband, Milton.A. Knopfineier, is not living at . the time of my death; then I give, devise and bequeath my Residuary Estate in equal shares to my two (2). sons, Milton R. Krropfineier and Iioward K. Knopfineier, and if either of them is not living at the time of my death, then hi's share shall go, pass and belong to.his descen- dants, per stirpes, and in the event.there are no such descendants, then such share shall go, pass and bel'ong to the other of my sons living at the time of my death or his descendants if he is not living at the time of my death, subject to the withholding provisions herein- after set forth. ARTICLE 'IV Withholding Provisions If any portion of the principal of my Residuary Gstate becomes distributable to a descendant who has not attained the age of twenty-one (21) years, such portion shall immediately vest in such descendant, but distribution thereof shall be withl�eld and postponed by my Personal Representative..unti'1 such.descendant shall attain the age of twenty-one (21) years, and in the meantime my Personal Representative, acting as.Trustee, shall pay such part of the income on such portion, and the principal thereof, as such Trus- tee shall deem necessary or proper'to provide for such descendant's suitable support, education, comfort and maintenance, adding any unused income.to the principal at the end of each year. If such descendant dies before attaining the age of twenty-one (21) years, then on the descendant!s'death, the Trustee shall pay the then re- maining principal and undistributed income to.the descendant's estate. The Trustee shall have, as to each retained portion, all of the rights,.powers, duties' and remedies given to Trustees under the laws of the State of Indiana. "ARTICLG V Appointment"of Personal Rep'resenLative I hereby nominate- and appoint my husband, M11ton A. Knopfineier, as Personal Representative of this, my La�L Will and Testament. In case of the death,' resignation, refusal or inability. of my husband to.'act as such Personal RepresenLative, tl�en I appoint //7' �uf����..� :„���.,. CSEAL) WITN� (� � . . -...\. J\� � ��/'7 . . P� ./ . . . �v . ��C> -2�;�:� �� ,��1 . .. -z-. � � my sons, Milton R. Knopfineier and Howard K. Knopfineier, as Personal Representatives hereunder, and in the event of the death; resignation, refusal or inability of eit-her of my sons to 'act as a Personal Re- presentative hereunder, t}ien I nominate and appoint the other of them to act as sole Per.sonal Representative hereunder. In case of the death, resignation, refusal or inability of my_husband and both of my sons to act as a Personal Representative hereunder, then I nominate.and appoi'nt The Citizens National Bank of Evansville, Evans- ville, Indiaha, and its successors or any Uank or trust company with whi'ch it may merge or consolidaL'e, as Personal Representative of this, my LasL W111 and.Testament'. If any port-ion of L-he Residuary Estate is distributable hereunder to anyone who is.under the age of twenty-one .(21).years at the Lime of my death, then I nominate and appoint the then qualified and act:ing Personal Representative as Trustee hereunder. I hereby empower and authonize L-he Personal Representative of my estate.to do all thin�s desiraUle or expedlenL- for Lhe advan- tageous control of the estate witt�out court authorizaLlon, direction, confirmation or approval, and_in the exercise of such power and authority, my Personal Representative 'shall have all of the.rights, powers, duties and remedies glven to Personal Representatives_under the laws of the State of Indiana. ARTICLE VI :. . No Personal Representative or Trustee named herein shall be required to give any bonci or other undertald n� in order Lo be permitted to act as such fiduciary under this,.my Last Will and Testament,: and I direct that any fiduciary named herein and acting hereunder shall not be required.to furnish a bond or any other under- taking for any purpose whatsoever. IN WITNESS WHEREOF, I have hereunto and on each of the pages hereof, the total number of pages of this my Last 4Ji11 and Testament being three (3), set my hand and seal this /02� day of February,.1974. G� )��,� ��/ / �7 • //"/��c��/ ��/�,�-,_-�,.�s�..iSEAL) ✓ -J' j/l� � �J The foregoing instrument was signed and sealed on each of the three (3) pages thereof and acknowledged by the above-named P7ILDRED L. KNOPFMEIER as her Last Will and Testament in our presence and in the presence of each of us, and,was signed by us as witnesses thereto at her r.equest and in her presence and in the presence of each other at Evansville, Indiana this /a7sG day of Pebruary, 1974. �J • . . . . .���.;� ,� .��:�� -3- ..... � STATE OF L�IDI.��IA V�YDERBURGH COUNTY, } SS: � LN THE V��IDERBURGH SUPERIOR COUFtT, PROBaTE DIVISIOV, 1988 TERDI (��eriifu��� HELEV L. KUEBLER : ,„ Clerk of the Vanderburgh Superior I : ............. Probate Division Court( do herebq certify that the above and foregoing is a full, true and comp]ete copy of the last will.and testament of ........,,, �tildred L. Knopfineier ...................................... deceased, late of Vanderburgh County, made and entered of record as fully as the same appears of record in my office in Will Record...:�?. b....... .Page . .. .. ............of the Record of Wills of Vander- burgh Couniy, Indiana. �4"ITVESS my hand and the seal of the Vanderburgh Superior Court at Ecansville, Indiana, this the..... 2� Januarv g ......day of .................,....................1� ..... HELE:v L. KUEBLER erk of Vanderburgh S perior Court oba Division By . . .............,�. Deputy Clerk