The URL can be used to link to this page

Court Order - Simon, Helen_3/31/2008� ! ❑ �(�- �3-Ob -3oa� 000.�q- oa� a �- a3-16- �oo� o00 . ) 8�-Day �l V i�� i�r� � �UTI.I cC:'t:i� ��,L�..��czn�.�xt:� Q� HELEN SIMON F'IL,E MAR 3 1 20 �� GIBSON COUNTY KiVOI•! ALL PiEid BY THESE PRESENTS: That I, Helen Simon, no�•r residing in the County o` Gibson, State of Indiana, being of sound mind and disposing mer�ory, and well aware of the natural objects of my bounty, and considering the uncertainty of this Life, do i:herefore make, publish, ordain and declare this Instrument to be my Last IJill and Testament, hereby expressly revoking an� and all former l•,ills and Codicils to Wills by me at any time made, and do hereby enumerate and publish the followiny Articles Testamentary: ARTiCLe" I I hereby direct my Personal Representatives to pay all my just and legal debts, expenses of my last illness, and �uneral expenses and the expenses neces- sarily incurred in administering my estate as soon after my death as is practical. I further direct that there shall be paid out of my estate, without apportior ment or right of recovery among or against any of my successors and transferees, all estate, inheritance, succession, and other taxes together �,�ith any interest or ;�enalty thereon, �•rhether :he property passes under this t•lill or other�t�ise, 4iithout contribution by an, recipient o� such property. ARTICLE II I hereby give, devise and beyueath my personal belongings and the furniture, household goods, appliances and implements in and about the family home unto my five children, hereinafter named, or unto the survivor or survivors of them, to be divided among them eGuitably in such manner as they may determine. ARTICLE III All of the rest, residue and remainder of my estate, I hAreby give, devise and bequeath unto my five children, namel�, JNtitES J. SIi40i�:, JERRI' L. SI��10iJ, RITA SCOGGINS, DAR�E�1'E GOEDDE, AP!D DELORES HASEP:OUR, in eGuai shares. ARTICLE IV I hereby direct my Personal Representztivz to arrange for interrment of my mortal remains at the Saint James Cathoiic Ctwrch cemetery in Haubstadt, Indiana, where a lot is held `or me adjacent to that of my husband, IJilbur Simon, who deuarted this life in 198d. � stone is in place. AHT?CLE V I hereby nominate, constitute and appoint my tti•ro sons, J.4f•iE5 J. SIf�10�V and JERRY L. SIt•10N, and my daughter, DELORES ROSE HASEi•!OUR, as Co-Personal Represen- tatives of this, my Last blill znd Testament_ and I direct thzt they be permitted to serve in such capacity wi�ho�.it bond. ! furt er expressly authorize and request �? 1/»'Ld'� � � LAST 4lILL Ail�D TE��Ah1EP1T OF HcLEid S[i�10i`1 Page Two � Unsupervised Administration of my estate. If any of said abeve-mentioned Co- Persona7 Representa�ives should fail to yualir"y or cease to serve for any reason, then it is my tiaill and desire that the others be permitted to serve, and in such event the remaining Co-Personal Representatives shall have all of the po�aers and rights herein granted to the Co-Personal Representatives togeth�r. In addition to the pot•�ers con`erred on Personal Representatives by statute, such Personal Representatives shall have `ull power to sell or erchange at public or private sale and upon such terms as such Personal Representatives shall dezm best, any property belcngir.g to my estate in order �o dis*ribute and convey to the named benericiaries their share; to adjust, compromise and settle all matters of business and claims, and to do any and ail things nece,sary or proper to complete the administratiori oi my estate. IR' IdITNESS 'rlHEREOF, I have hereunto set my hand and seal at Fort Branch, County of Gibson, State of indiana, znd declared this to be my Last l•lill and Testament, on this the /z day of , 200u. C. Helen �imo , Testatrix CERTiFICATE OF 4JITIJESSES The foregoing Instrument, cons�sting of two (2) pa9es, was on the date thereof, signed, published and declared as and for her Last ldill and Testament by Helen Simon, Testatrix, in the presence of �he undersigned titi�ho, at her request and in her presence and in the presence o� each other, have hereunto subscribed our names as Att2sting l•litnesses. .� j/,� Fort Brancn, Indiana 47648 lJitne , Nit Davidson- chleter, Attorney /„/�-L.cJ�f� ;/��' X�/�"� j� /�,f�.��l, �,v y�ss'P TJitness � � LAST WILL A�dD TESTAP1EiVT OF HELE(J SIh10id Page Three PROOF OF IJILL UPJDER PENALTIES FOR PERJURY, lJe, Helen Simon, �Vita Davidson-Schleter and Qer,l� ;1� f!`�e� , �he Tes�atrix and Witnesses, respectively, -T whose names are signed to the `oregoing Instrument, declare: (i) (2) (3) (4) (5) (6) That the Testatrix executed this Instrument as her Last l•lill; That in the presence of both IJitnesses, she signed the Instrument; That the Testatrix executed such 67i77 as her free and voluntary Act for the purposes expressed therein; That each of the lJitnesses, in the presence of the Testatrix and of each other, signed the Will as 4litness; That the Testatrix �•ras of sound mind and disposing memory ti•rhen the ldill taas executed; and That to the best knowledge of each of the undersigned Witnesses, the Testatrix was'eiyhteen (18) or more years of age at the time the lti�ill was executed. DATED this /z day of , 200G. ��/�. ��.� - Witness i�!/"`a-<C� ,D C�vCvl-e—l. Witness ' 1 _. , ;� 1 Helen imon, Testatrix � � � . PART OF THE SOUTHWEST OUARTER OF THE NORTHEAST N OUARTER OF SECTION (l6), TOWNSHIP (4) SOUTH, RANGE (101 WEST, IN JOHNSON TOWNSHIP, GIBSON COUNTY, INDIANA. W�E PLAT OF SURVEY SCALE S � _ ,00� 3/4' iron pin tountl 2' helow 0• ]00' 200' appren[ reaaintler ol 9ratle: NX. Cor. SM. i/4, NE. f/4. - gra�el a�ive osen Oocumen[ e9B-6944� o Sec. 16. T-4-S. R-10-W raaa^ox�,na[e Iocaczm o� (tlo[umen[etl per Pe[ol'tletl / Oy atlpmirg p^ope�ty owrrer ($p)lcx�) country Ayre. Inc. o subdivisions: see reoorU \ c � o° F,Dy<e0�' ~� P�p� m., OJ G �.. � CJO o m L� 6 U �!1 000 ,a. '�RU 2�a O �� aQ �� U; u U d� YlY1 G` ¢� WJ � 00 �J O �N vi o 0 L �n �� oa°w° EOb R�eO •N � � � w ¢ \ � U Q � � N \ o � : � � � \ �' � 1 � � � � � � � � � � � I � �I Q� �I QI F� Fa-� NI � �I � � � � � � $6B '� 588'34'S2'E 198.00'(n) � west 12 rotls (ry / `� I � �' c : u o� ��' � � � �2�� $ o �a �t` �� ^ <� c N� ��e b.�y vw c� �'-�o�0t� �j"'� '.`� � µ� N �� v �� .1' a�o ..o � eFp': cn C\" �? 6 ` G�� L �o: E �� E v LLl ��_ aboA� to �w; ,ya4=aq�#t �o;3,�aN 3�P�� I'O I(°a� I ;3.024 ACRES � I tleed Dook 734, I page 439 � � � I appar'ent line� I a7 passe55ion � east f2 rotls (r) �N98'38'23'F' 198.00'(N _ � E v m � � 3 0 0 0 O N ' <0.41 f/2 cnai�u lfHBB su�veYl 52'E 2662.42•(n) � � e' % B' stone tountl Sfi' helow 9rade; nE. Lor, N. f/2, S. f/2, �E. 1/4. Se[. 16, T-4-5. R-fO-W lo�I9in SBBB. see reportl � .�, � � 2 �d � m O� � i E\ '� U y0 �\ 0 '�� o � �� &m �� 0 y L[�Q ��6 � RETRACEMENT SURVEY OF DEED BOOK 134. PAGE 439 ESTATE OF WILBER 6 HELEN SIMON LEGEND Q - monunent as noted �- P.K. Nail fountl 2" Oelow grade �- 5/8' i�on pin set f1u5� witn plastic cap 1a0eleO 'Greg A. Kissel RLS 20700076" �- stone fountl as noted male puc�p rod found 6' abave grade ([op bent) p.o.6. - point al beginning p.o.c. - point of commencing o/s - o//-set (m1 - field neasured (r1 - deed record (c1 - calcula[ed EEL!':.995 dl'9 DdLEC ^.'] :rC bC3: )l: � Of tn2 SOIICAMPSY quarter Of ��)2 norf�east puar[er of section 16. N00'00'00"E. troc� record su0tlivisian Caunty Ay�e - Last da[e of fieldwork: 9/29/2007 NOTH �roken 5[one 7ountl — ltl3s[urbed 6 an i[5 sidel ]" n0l'tb O1 /OUnU Ourp !'00 'a7'S3'E 245fi.f9' ' —17'o/s `r E % E Baker. Xeith E. B' X 6" stone fauntl o-` Ooc./99-3219 fi" helow gratle o ^ (origin f699, see �eporY) mo 0 o m� � 40.2f cnains 11H�B swvey) � a � e °z Country Ayre Esta[es P.K. Nai] fountl burrietl (Plat Cab. n-142) SW. cor, SW. S/4, NE. i/4, 5_c. SE. T-a-S, R-SO-W (dacuaentetl per record su0. /q I6 recortl surveys, see repart) `nag-nail lantl 3" below gratle (aver drrietl i�ml 0.69" ncr[n 6 1.03' eas[ fwt used, see reperU I, Gregory n. Kissel, a registeretl lantl Surveyor in the State of Intliana, do herehy cerify that this survey Was perforned under my Airection and to the best of ny knowletlge antl 6elief was exe[utetl accortling to Z.A.C. Title 865-5-12. I atfir�, untler the penalties of perjury. 2ha[ I have taken reasonaole care to retlact eacn Social Security hL�ber i�s tlaCU�ent. Un ess requiretl by ]aN. GFEG � KISSEL � IN R S 00076 Octoher 3, 2007 CLd557FICA776V lG.;3 teet !to � /1111111 �.��`�PV a. K; %, �� c�S�T�`� StP �i ` QQi � �o : c�` � - �t �"�� •�< ; f �'.;y��--./�m'".N�,r'' (�pQ� ��/��,as V �v`` \�� C1�'.5 4p^ n.i/liay BOUNDARY SURVEY T�is ins[rument prepared Oy: 6RE60RY A. KISSEL File: 2007-f0-si,non REGISTERED LAND SURVEYOR ct�ent: Estate of NilOUr 1263 E. 900 S. s ee�en s�mon FORT BRANCH, IN 47648 �/o ✓e�ry s�mo� (8121 753 — 1233 GREGORY A. KISSEL REGLSTERED LAND SURVEYOR 1263 E. 900 S. FORT BRANCH, IN 47648 (812) - 753 - 1233 RECORD DESCRIPTION A pan of the north half of lhe south half of the northeast quarter of sec[ion 16, township 4 south, range 10 west, bounded as follows, to wit: Beginning at a point 20 feet and 3 inches south of the northwest corner oF said north half of the south half of the northeast quarter and nm thence due south to the southwest corner of said north half of the wuth half of the northeast quaner, thence due east 12 rods; thence due north to a point within 20 feet and 3 inches of the north line of said north half of the south half of said northeast quarter, thence due west 12 rods to the point of beginning, containing 3 acres, more or less. SURVEYED BOUNDARY DESCRIPTION Part of the southwest quarter o£the northeast quarter of Section (16), To�*mship (4) South, Range (10) West, in Johnson Township, Gibson Counry, Indiana, and more particularly described as follo�vs: Commencing at a'/1' iron pin found 2" below grade marking the northwest comer of said quarter quarter section; thence South 00 degrees 00 minutes 00 seconds West along the west line of said quarter quarter section tiventy and nventy-five hundredths (20.25) feet to a 5/8" iron pin (with plastic cap inscribed "Greg Kissel RLS 20700076") set flush marking the POINT OF BEGINN[NG; and from said beginning point thence South 88 degrees 34 minutes 52 seconds East and parallel to the north line of said quarter quarter section one hundred ninety-eight and no hundredths (198.00) feet to a 5/8" iron pin (with plastic cap inscribed "Greg Kissel RLS 20700076") set flush; thence South 00 degrees 00 minutes 00 seconds West and parallef to the west line of said quarter quarter section six hundred sixry-five and thirty-four hundredths (665.34) feet to an 8" X 6" stone found 6° below gade; thence North 88 degrees 38 minutes 23 seconds West one hundred ninety-eight and no hundredths (198.00) feet to a P.K. Nail found 2" below grade on the �vest line of said quarter quarter section; thence North 60 degrees 00 minutes 00 seconds East along said �vest line six hundred sia-ry-five and fifty-four hundredths (665.54) feet to the point of beginning. CONTAINING 3.024 ACRES, MORE OR LESS. Subject to all right-of-ways and/or easements. SURVEYORS CERTIFICATE: I Gregory A. Kissel, a registered Land Surveyor in the State of Indiana, do hereby certify that the above description is true and correct to the best of my knowledge and is composed after a field survey of the azea. Witness my hand and seal this 3"� day of October 2007 � �� G A. Kissel [N S 20700076 ��OaY,A r,k/��. . `�Qt�, a�y.s'�``:`,rs�:' ; - -a :<= = sr�� _ = f � %.�9,� �m�w►� ypQ: ��i��SUR1,�� GREGORY A. HISSEL LAND SURVEYOR 1263 E. 900 S. FORT BRANCH, IN 47648 (812} - 753 - 1233 SURVEYOR'S REPORT In accordance with Title 865, of the Indiana Administrative Code, this document is created to Cumish the client with a written surveyor's report that, in addicion to other pertinent data, identifies [he type of survey, explains the theory of location applied in establishing or retracing the lines and comers of the surveyed parcel, and gives the registered land surveyor's professional opinion of the cause and the amount of uncertainty in those lines and comers because of the following: (A) Availability and condition of reference monuments. (B) Occupation or possession lines. (C) Clazity or ambiguity of the record description used and of adjoiners' descriptions and the relationship of the lines of the subject tract with adjoiners' lines. (D) The relative positional accuracy of the measuremenu. TYPE OF SURVEY: Retracement PURPOSE: Mark comers and prepare an updated survey of the premises. AVAILABILTTY & CONDTTION OF REFERENCE I�tONU11iENTS: The northwest comer of the southwest quarter of the northeast quarter of sec[ion 16 is a'/," iron pin found 2" below grade. The origin of which is dated February 24, 1939 as per a survey by Fred Kuester RLS 50137. Documentation of the monument being used on multiple previous surveys aze as follows: • Per Country Ayer Estates No. 2 Subdivision (Plat Cabinet A-149). Said subdivision states the pin to mark the said quarter quarter comer and its location is verified by meazurements to accessory monuments in the nearby vicinity. • EasVwest alignment, for the said monuatent at the quarter quarter corner, is verified by measurements to accessory monuments shovm on Country Ayer Estates Subdivision (Plat Cabinet A-142). No monument is found to mark the northwest comer of the northeast quarter of section 16. Therefore, no variance is presendy determined for the location of the existing monument as to the calculated location of the midpoint of the west line of the northeast quarter of said section. The southwest comer of the northeast quarter of said section 16 is a P.K. Nail found under the surface of Old State Road. The said P.K. Nail is documented as per Counay Ayre Estates No. 2 Subdivision (Plat Cabinet A-149). Also, the location of which is verified by dimensions and measurements to accessory monumenu. Said accessory monumenu are shown as per the recorded subdivision — Country Ayre Estates Subdivision (Plat Cabinet A-142). A record survey by Fred Kuester LS #50137 dated Febniary 11, 2003 (Document #2003-9766) shows and uses the said P.K. nail to mark the comer. On this survey, a second monument is found as shown on the plat. Said monument is a found mag-nail over a buried iron monumen[ and is 0.69' north and 1.03' east of the P.K. Nail. The said mag-nail over the bwied iron hns been used on previous survcys to the south and has becn used per dced records. ARcr review of thc availabfe evidence, the said tw�o record subdivisions are relied upon and the buried P.K. Nail is accepted to mark the comer on this survey. However, a variance in the location of the said southwest corner of the northeast quarter of said section l6 of 0.69' northJsouth and t.03' east/wesc. The northeast comer of the north half of the south half of the northeast quaner of section 16 is a found stone. The said stone is beside an old rusry steel T-post. The ongin of the stone is Apri123, 1888 per G.M. Emmerson, Gibson County surveyor at that tune. The survey of which is found on file in survey book 3, page 18 in the Gibson County surveyors office. The found s[one is used and accepted on this survey. OCCUPATION OR POSSESSION LINES Along the south line of the subject tract, the possession line (visible differences in grass maintenance) coincides with the surveyed line. A large tree is measured to be on said south line and is stated to be an "old line marke�" as per testimony from the client. Along the south portion of [he east line of the subject tract, the farm field divide is on or very neaz the surveyed line. Along the north portion of said east line, the said field divide may vary as much as 3.5' west of Ihe surveyed line. Along the north line of the subject tract, the possession line appears ro be ro the south side of Ihe existing lane used to serve as apparent access to the Sollman parcel. i'he south portion of the west line of the subject tract is within the county road ri�ht-of-way. Along the north portion of said west line, the possession line is mostly not appazem (that being the tide line dividing ilie subject traa with the apparent land in [he name of Country Ayre Inc.). There is a biangular shaped parcel between the west line of the subject tract and the county i�9. Presendy, it appears that a majority of saTd triangular shaped parcel is being farmed (ccrrendy com stubble) along with the subject tract. CLARITY OR ANNIBIGUII'Y OF THE RECORD DESCRIYTION The record description in the deed record of the subject tract is described in metes and bounds using general d'uection calls and rod measurements. Said description is used as an exception to the adjoining pazcel to the north and east (Sollman Doc.#06-3914). Therefore, there appeaz to be no discrepancies along the north or eazt ]ines of [he subject tract. The adjoining parcel to the south appears to be a part of Country Ayre Estates. Said subdivision is recorded in Plat Cabinet A- i 42. The parcel to the west �vas previously deeded to Country Ayre [nc. as per record deed (Document #98-69A4). The description in the deed record is swnmarized as the southeast quarter of the northwest quarter of section 16 (with exceptions in the south portion). Since this deed, Country Ayre Estates No. 2 has been recorded in plat cabinet A-149. The subdivision generafly uses Old State Road for its east line. This results in an apparent remainder of ground, which remains in the name of Country Ayre Inc. This is the previously mentioned triangular shaped parcel behveen the west line of the subject tract and the county road. No tide search was provided on this survey and more research may need to be conducted concerning said triangular shaped parcel. A survey is found to be on record in the Gibson County surveyor's office. The survey is filed in survey book "3", P.I 8, dated Apri123, I 888 and was performed by G.M. Emmerson, counry surveyor at that tune. This survey shows a survey of the region conceming this subject tract Monumenu are shown to mark the comers and dimensions between them. A sewnd survey is found to be on record in the Gibson County surveyor's o�ce. This survey is Fded in survey book "3", P. 285, dated Mazch 28, ] 932, and was performed by Harry C. Morrison, county surveyor at that tune. Said survey shows a survey of a parcel ro the south of the subject tract and shows found monuments along the line dividing said south pazcel and the subject tracc. THEORY OF LOCATIOIV / METHOD OF CORNER ESTABLISHMENT The southwest corner of the subject tract is a found P.K. Nail established by Lee Hoffman, L.S. in 1997 az per the recorded subdivision of Country Ayre Estates. The found naIl is used and accepted on this survey. The previous record description states this comer to be a half half quarter comer. The measurements indicate a variance in the said found monument of 2.44 feet according to a calculated midpoint. The southeast corner of Ihe subject tract is a found stone. The origin of which is per Ihe counry surveyor, G.M. Emmersoq in 1888. 'fhe survey of which, is of record, as previously mentioned. A second survey, perfonned by the counry surveyor in 1932, Harry C. Morrison, states the stone to mark the comer. The stone is found on this survey deeply embedded into the gound and appears undisturbed and is believed to be in iu original locarioa The said stone vazies slighdy south of the north line of Country Ayre Estates Subdivision. However, the found stone is well documented and stands as the best available evidence as to the original comer (ceation and is used and aceepred on this survey. The northwest comer of the subject tract is established on the west'/.'/. section line and at the deed indica[ed location - that being 20 feet 3 inches (also 2025 feet) south of the northwest comer thereof. The northeut comer of the subject tract is established according to deed record being 20 feet 3 inches south of the north'/ Y. section line. Also, said comer is established a distance of 12 rods (also 198 feet) east of the northwest comer of the subject trac[. Near this loca[ioq a 2" iron pipe is found as shown on the plat. Said pipe is prohuding out of the ground surface +/- 16" and is moveable to ihe touch. The origin of the found pipe is unknowq and undocumented. Therefore, the found pipe is not used and the comer is established as previously mentioned. RELA'CIVE POSTI'IONAL ACCURACY OF THE DiEASUREME\'TS Suburban Survey: 0.13 feet plus 100 par[s per million. �� ry A. Kissel 1 S 20700076 October 3, 2007 .`°�6oaY �A ��i''', .� � T ss �. =o� ``�� :�. = q No.2o�000rs _ STAiE OF = � i ' — %.�9,1,'�..avouN� .•yOQ: � ��i��SURV��`� GR�GORY A. KiSSEL � LANDSURVEYOR • � 1263 E. 900 S. . FORT BRANCH, IN 47648 (812) — 753 — 1233 STATEMENT The estate of Wilbur& Helen Simon Caze of Jerry Simon 3746 Pebble Place Drive Evansvil(e, IN 47711 9/20/2007 1.50 hrs @ �30.00/hr (courthouse reseazch) 9/20/2007 0.50 hrs @ $30.00/hr (o�ce work) 9/24/2007 3.00 hrs Q$30.00/hr (field work) 9/26/2007 2.00 hrs @ $30.00/hr (field work) 9/29/2007 3.75 hrs Q$50.00/hr (field work — 2 men) 9/29/2007 3.00 hrs @ $30.00/hr (field work) 10/O 1/2007 10/02/2007 10/07/2007 meeting at job site 2.50 hrs Q $30.00/hr(ofiice work) 1.50 hrs @ $30.00/hr (office �vork) courthouse fees (copies) For recording survey at courthouse October 8, 2007 $ 45.00 5 15.00 $ 90.00 � 60.00 � 187.50 $ 90.00 no charge S 75.00 � 45.00 $ 10.00 $ 40.00 TOTAL........................................................a 657.50 �D �/`i �'�� P� G��.� � �Z° ��,�f>� �