Court Order - Lamey, Alvin J_6/9/2004,«�.:-
STATE OF 1NDIANA
COiNTY OF GIBSON
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JUN 9 2004
Gl�et�4on G��o�rt
IN THE GIBSON CIRCUIT COURT
N THE MATTER OF THE ESTATE ) E,5
OF ALVIN J. LAMEY, DECEASED ) Estate No. 26C01-0406-£�- �D 6 6
ORDER OF PROBATE OF WILL
There is now produced in open Court and submitted to the Court an instrument
purporting to be the Last V✓ill and Testament of ALVIN J. LAMEY and a Petition for probate
thereof and for issuance of Letters. There now comes Rita Mae Lamey, who being duly swom,
testifies that such decedent died on or about the 30'� day of April, 2004. Such instrument, Petition
and wTitten testimony aze now submitted to the Court and the Court having examined the same,
having heard evidence and being duly advised now finds that:
(1) Such decedent died on or about the 30`h day of April, 2004, and (a) at the time of such
death was domiciled in Gibson County, Indiana, and (b) left property at the time of such death in
Gibson County,Indiana.
(2) Such written instrument purporting to be such decedent's Last Will and Testament is a
self-proved R'ill and �vas duly executed in all respects according to law, has been duly proved, is
the Last Will and Testament of such decedent and is entitled to be admitted to probate in such
County.
IT IS i�101V THEREFORE ORDERED, ADJUDGED AND DECREED BY THE COURT
THAT such �vritten instrument purporting to be the Last Will and Testament of such
decedent be and it is hereby admitted to probate and record as such.
All this ordered this � day of June, 2004
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LAST WZLL AND TESTAMENT
OF
ALVIN J. I,AMEy
I, ALVI�1 J. LAMEY, a resident oi Gibson County, State of
indiana, being over the aqe of eighteen (18) years, of sound mind
and disposing memory, do hereby make, publish and declare this
instrument to be my Last Will and Testament hereby expressly
revo!:ing any and all orior Wills and Codicils to wills made by
me.
ITEM I.
i hezeby direct my personal representative to pay all of my
!egai obligations, all expenses of my last illness, all funeral
and burial expenses, all expenses of zdministration of my estate,
and inheritance and transfer taxes which may be levied by reason
of my death, as soon as can be conveniently done after my death.
ITEM II.
Hfter the satisfaction of Item Z, above, all the rest,
residue and remainder of my property, rea1, personal, intangible
and mixed, oi every kind, character and description and
wheresoever situate, which Z may own or have the right to dispose
o` at �he time of my death, I give, devise and bequeatn to my
wife, Rita Mae Lamey, absolutely and in fee simple.
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F��.ED
JUN 9 2oaa
�a�:..s.�ri
Clerk Gibson Clrouit Court
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STEM IIZ.
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In the event that my said wife, Rita Mae Lamey, shall
oredecease me or die simultaneously, then I give and devise to
Pa�ricia A. Grubb the following described real estate, which
inc?udes my house:
PART OF THE SOUTH�VEST QUARTER OF SECTION 08, TOWTJSHIP 04 SOUTH, RANGE !0
WEST I\' GBSON COU\'TY, INDIANA AND MORE PARTICULARLY DESCRIBED AS
fOLLO�VS:
CO�1,bfE\'CING AT THE SOUTHIUEST CORNER OF THE SAID QUARTER SECTIO\'; THEVCE
T�'ORTH 00 DEGREES 00 MMUTES 00 SECONDS EAST ALONG THE SOUTH L[I�!E OF THE SAID
QUARTER SECTION A DISTAtJCE OF I 183.72 FEET TO THE PONT OF BEGINNRJG; THENCE
�'ORTH 00 DEGREES 57 MINUTES 19 SECONDS EAST A DISTANCE OF 500.00 FEEi'; THENCE
NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 568.18 FEET; THENCE
SOUTH 00 DEGREES 46 M11�'UTES 18 SECONDS 1VEST A DISTANCE OF 153.85 FEET; THENCE
NORTH 90 DEGREES 00 MINUTES 00 SECONDS �VEST A DISTANCE OF 260.00 FEET; THENCE
SOUTH 00 DEGREES 46 M[\'UTES 18 SECONDS �VEST A DISTANCE OF 346.15 FEET TO THE
SOUTH LINE OF TNE SAfD QUARTER SECTION; THENCE NORTH 90 DEGREES 00 MINUTES
00 SECONDS WEST A DISTANCE OF 309.78 FEET TO THE POINT OF BEGNNING AND
CO\'TAI\'I\�G 4.46 ACRES, MORE OR LESS.
?n the event that my said wife, Rita Mae Lamey, shall
predecease me or die simultaneously, then I give and bequeath to
?atricia A
house.
Grubb all my household furnishings and contents of my
ZTEM IV.
In the event that my said wife, Rita Mae Lamey, shall
predecease me or die simultaneously, then I give and devise to
Kent A. Lamey the following described real estate located in
Gibson County, State of Zndiana:
Part of the Southwest quarter of the Southwest quarter of
Section 17, Towr.ship 4 South, Range 10 64est, containing
32.187 acres, more or less.
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ITEM V.
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In the event that my said wife, Rita Mae Lamey, shall
predecease me or die simultaneously, I give and devise to Pamela
Mcir.�yre, the following described real estate located in Gibson
County, State o` Indiana:
A PART OF TIiE EAST HALF OF THE WEST HALF OF SECTION 02, TOW�ISH[P 04
SOUTH, RANGE 10 ���EST 1N GIBSON COUNTY, INDIANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGI\�jI�IG AT THE SOUTHEAST CORNER OF THE SAID HALF, HALF SECTIOid;
THENCE NORTH 89 DEGREES 14 NfiNUTES 4l SECONDS WEST A DISTANCE OF
30030 FEET TO THE SOU!'H RIGHT OF WAY LPVE OF STATE ROAD 68; THENCE
NORTH 80 DEGREES 52 MINUTES 39 SECONDS �VEST ALONG THE SAID RIGHT OF
\�'AY LI\�E A DISTANCE OF 545.30 FEET; THENCE NORTH 34 DEGREES 39 MINUTES
34 SECOVDS EAST A DISTANCE OF 745.03 FEET; THENCE NORTH 31 DEGREES 53
�4I\'UTES 51 SECONDS EAST A DISTANCE OF 396.65 FEET; THENCE SOUTH 55
DEGREES 51 Mfti'UTES 23 SECONDS EAST A DISTANCE OF 248.16 FEET TO THE
EAST L(T�'E OF THE SAID HALF, HALF SECTIOt�'; THENCE SOUTH 00 DEGREES 00
MIi`'UTES 00 SECO\�DS P✓EST ALONG THE SAID EAST L1NE A DISTANCE OF 900.70
FEET TO THE PO�\�T OF BEGI\ri�1[\'G AND CONTAINING 12.03 ACRES, MORE OR
LESS.
A(so, An undivided one-half interest in the following described real estate:
Part of the east half of the west half of Section 2, Township 4 south, Range 10 west and
described as follows: Begin at the noRheast comer of said half, half section, and run thence south
2281.3 feet to the southeast corner thereof; thence west 300 feet to the point of intersection of the
south line of said half, half seciion wiih thz south right-of-w�ay line of State Road Number 68;
thence along said south right-of-way line north 81 and %: degrees west 894.5 feet; thence west
132 feet to the west line of said half half section; thence north 921 feet to an iron; thence east 303
feet to a stone; thence north 1] 94.4 feet to an iron in the north line thereof; thence east 1015.5
feet ro the place of beginning and containing 58J0 acres more or less. Subject to the right-of-way
of State Road No. 68 along the south side thereof, heretofore conveyed to the State of Indiana.
EXCEP"fIiJG THEREFROVt:
,a PART OF THE EAST HALF OF THE WEST HALF OF SECTION 02, TOWNSHIP 04
SOUTH, RANGE 10 �VEST IN GIBSO�' COUNTY, II�'DIAI��A, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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COMMENCNG AT THE SOUTHEAST CORNER OF THE SAID HALF, HALF SECTION;
THE\'CE NORTH 89 DEGREES 14 MINUTES 41 SECONDS WEST A DISTANCE OF
300.30 FEET TO THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 68; THENCE
NORTH 80 DEGREES 52 MINUTES 39 SECONDS �VEST ALONG THE SAID RIGHT OF
WAY LNE A D[STANCE OF 545.30 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 80 DEGREES 52 MNUTES 39 SECONDS WEST ALONG THE SAID RIGHT OF
�VAY LINE A DISTANCE OF 349.20 FEEi'; THENCE NORTH 87 DEGREES 17 MINUTES
14 SECO\'DS �1'EST A DISTANCE OF 132.82 FEET; THENCE I�'ORTH 01 DEGREE I S
(v1INUTES 33 SECO\'DS EAST A DISTANCE OF 921.00 FEET; THENCE NORTH 89
DEGREES 39 MINUTES 31 SECO\DS EAST A DISTANCE OF 302.76 FEET; THENCE
SOUTH 87 DEGREES 28 MINUTES 51 SECONDS EAST A DISTANCE OF 788.49 FEET;
THEh'CE SOUTH 31 DEGREES 53 MINUTES 51 SECONDS �VEST A DISTANCE OF
�96.65 FEET; THENCE SOUTH 34 DEGREES 39 MINUTES 34 SECONDS WEST A
DISTAi��CE OF 745.03 FEET TO THE POTNT OF BEGINNING AND CONTAI�IING 17..43
ACRES, MORE OR LESS.
ALSO EXCEPTIi��Ci THEREFROM:
A PART OF THE EAST HALF OF THE WEST HALF OF SECTION 02, TOWNSHIP 04
SOUTH, RANGE 10 WEST IN GIBSON COUt�'TY, I,�'DIANA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEG[N\�ING AT THF SOUTHEAST CORNER OF THE SAID HALF, HALF SECTION;
THENCE NORTH 89 DEGREES ] 4 MIi��UTES 41 SECONDS VVEST A DISTANCE OF
300.30 FEET TO THE SOUTH RIGHT OF WAY L1NE OF STATE ROAD 68; THENCE
NORTH 80 DEGREES 52 MTi�lI1TES 39 SECONDS WEST ALONG THE SAID RIGHT OF
\��AY LIi�]E A D[STANCE OF 545.30 FEET; THENCE NORTH 34 DEGREES 39 MNUTES
34 SECONDS EAST A DISTANCE OF 745.03 FEET; THENCE NORTH 31 DEGREES S3
M(NU�ES 51 SECONDS EAST A DISTANCE OF 396.65 FEET; THENCE SOUTH 55
DEGREES 51 MINUTES 23 SECONDS EAST A DISTANCE OF 248.16 FEET TO THE
EAST L�'E OF THE SAID HALF, HALF SECTION; THENCE SOUTH 00 DEGRF.ES 00
�4INUTES 00 SECONDS �VEST ALONG THE SAID EAST LINE A DISTANCE OF 900.70
FEET TO THE POITVi' OF BEGIT�NIi`'G AND CONTAINiNG 12.03 ACRES, MORE OR
LESS.
ITEM VI.
?n the event that my said wife, Rita Mae Lamey, sha11
predecease me or die simultaneously, then after the satisfaction
of Items Z, IIZ, Iv, and V,above, I give, devise and bequeath all
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tne rest, residue and remainder of my property, real, personal,
intangible and mixed, of every kind, character and description
and wheresoever situate which I may own or have the right to
dispose of at the time of my death, in equal shares to my five
children, namely: Pamela McIntyre (daughterj, Diane Schillinger
[daughter), Patricia A. Grubb [daughterj, Gary L. Lamey [son], �
and Kent A. Lamey [son], share and share a�ike.
ITEM VII.
If any of my children predecease me, or die simultaneously,
�he property he or she would have taken under any provisions of
�nis [�lill sha11 go to his�or her descendants, by representation,
so thac the descendants of said deceased child shall take the
share my said child wo�ld have taken under any of the provisions
of �his Will if surviving me. Zf any of my children should
preoecease me, or die simultaneously, without leaving descendan�s
surviving me, the property he or she would have taken under any
orovzsions of this Will if surviving me, shall lapse and go to my
survivin9 children or his or her descendants.
ITEM VIII.
? hereby nominate, constitute and appoint my said wife, Rita
�1ae Lamey, personal representative of this my Last Will and
Testament and do hereby request and desire that she be permitted
to serve without bond, if possible, and if this is not possible,
tnat such bond be fixed at the lowest amount deemed adequate for
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the protection of creditors and taxing authorities by the court
having ju.risdiction over my estate. In the event that Rita Mae
iamey resigns as personal reoresentative or is unable or
unwilling to perform or to continue to perform said office
because of death or any other reason, then I nominate, constitute
and aopoint my son, Kent A. Lamey, to serve as Personal
Representative.
ITEhi IX.
h1y personal representative shall serve without court
suoervision and shall have all the powers listed in Indiana Code
29-1-7.5-3 and may exercise all the powers listed in Zndiana Code
29-1-7.5-3 without order of court.
ITEM X.
At approximately the same time my wife and I are executing
[9ills in which each of us is the recipier.t of the other's
propercy to a greater or lesser extent and otherwise providing
*or a sinilar disposition of the property in our respective
estates. However, this Will and my wife's Will are not the result
of any contract or agreement between us, and either Gdill may be
r°�-o';ed a= any time ac the sole discretion of the maker thereof.
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IN WITNESS WHEREOF, I have hereunto set my hand and declared
this to be my Last Will and Testament on this 5�" day of April,
2002, affixing my initials to each page for better
identification.
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ALVZN J. LAMEY
The foregoing instrument consistinq of seven(7) pages,
including tnis page, is on this 5" day of April, 2002,
signified and declared to us by ALVZN J. LAMEY to be his Last
Wiil and Testament, who thereupon, in our sight and in our
presence, subscribed his name at the end thereof, and affixe¢ his
initials to each page, that now we, the undersigned, at his
reques�, in the presence and in the sight of said testator, and
in the presence and in the sight of each other, do subscribe our
names as attesting witnesses to said Will and Testament on the
day and year above written in Fort Branch, Gibson County,
Indiana. �
Ray ht. ruley, Witness An tte R. Drul y, Wi ness
505 N Church Street �OS N. Church reet
Port ranch, Indiana Fort Branch, Indiana
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I_ PROOF OE WILL
UNDER THE P
• ENALTIES FOR PERJURY, we the undersigned
testator and the undersigned witnesses, respectively, whose names
are signed to the attached or foregoing instrument declare:
(1) That the testator executed the instrument as his 47i11;
(z) That, in the presence of both witnesses, the testator
signed the Will;
(3) That the testator executed the Will as his free and
vo!untary act for the purposes expressed in it;
(9) That each of the witnesses, in the presence of the
testator and of each other, signed the Will as witness;
(5) That the testator was of sound mind; and
(6) That to the best o: the undersigned's knowledge the
�estator was at the tirr�e eighteen (18) or more years of age.
Date: D �
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ALVZN J. LAMEY, estator
RA M. RU EY, Witness
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� ETTE R. DRUL Y, Wi�ness �