Court Order - Wipke, Albert_7/12/1976_. �� _
STATE OF INDIANA
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COUNTY OF GIBSON
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JUL 1 2 1970
//,��� /_ I�L THE GIBSON CIRCUIT COURT
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Clerk Gibson Circuit Court 1 9 7 6 � ERP4
IN RE: THE ESTATE OF
ALBERT CARL WIPKE, DECEASED
Cause-No. PR 76-/drj
-- -- Comes now McDonald, McDonald and-Nixon, Attorneys by..
, Bruce D. McDonald,-and presents to the Court the duly.verified:-
" petition of Bruce'D. McDonald to�probate,-file and record a foreign
will which said petition is in the words and figures as follows,
to-wit: (H.I.)
And now,`'there is produced in open court`a.duly. certified _
and `authenicated copy of the Last Will and Testament.of Albert •
Carl Wipke, Deceased, and the proceedings showing the probate thereof
attached to and made an eichibit to said oetition, wherein it"is :.
shown that said'Will'was originally aoproved and admitted to Probate :
;in the County Court at Law of Hidalgo County, Texas, where said.�_.
testator resided at the time of his death.
In which said petition,'petitioner further shows to the .:
Court that Albert Car1 Wipke, died a resident of Mercedes; Hilalgo-
County, Texas, Testate on the 27th day of December, 1975; that on
the-19th day of January, 1976, in the County Court at Law of.Hidalgo
County, Texas, the Last Will and Testament of Albert Carl wipke duly
executed on the 8th day of May, 1946,_ was duly approved and by order
of the County Court at Law of Hidalgo County; Texas, was found to be
the Last will and Testament of the said Albert Carl �4ipke, Deceased,'
and there duly ordered and admitted to Probate, all in accordance �
with the laws of said County and State; that Mrs. Betty Jean Dra�ae of
Route 2, Box 477, Raymondville, Hidalgo County, Texas, 78580 was +
appointed Independent Executrix of the Last Will and Testament of
the said Albert Carl Wipke; Deceased, on the 19th day of January,
1976; that this petitioner is an interested party in having the Last
will and Testament of the said Albert Carl P7ipke, deceased, orobated
in this Court as a Foreign Will by virtue of acting as attorney for
said Independent Executrix; that said decedent at the date o£ his
death �oas the owner of certain real estate situate in Gibson County,
Indiana, upon which the provisions of said Will would be operative,
which so far as known is described as follo�as:� �
Part of the Northwest Quarter of Section 20, Township 2
South, Range 12 West, West of the Right of i9ay of the
NYC RR in Montgomery Township, Gibson County, Indiana,
Bounded a"s follows: Begin at a 3 inch iron nipe at the
Northwest corner of said section and run thence East
along the North line of said.section, 1151.3 feet to an
iron in the west right of way line (Right of Way Line
Being 125 feet measured square to track) of NYC RR Co.
thence S 15°, 14' East along said West Right of Wav Line,
1523.6 feet to an iron; thence West parallel to.said-
North line of said Section, 1543.25 feet to a on�-i;��'_
F�ipe set in the West line of said Section; thence run
North along said West line 1470.07 Feet.to the Place
of Beginning and containing 4�.47 acres, Subject to the
Rights of Way of a Public D?tch and Part.of a Publi.c
Road;
ALSO: The Northeast Part of the Northwest Quarter of
Section 20, Township 2-South„'Range.,T2.West, located
'•East -of .the NYC _RR Co. �Bounded as 'follows: Begin at
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an Iron in the North line of said Northwest Quarter,
135.5 feet West of the Northeast Corner thereof, run
thence South parallel to the East Line of said Northwest
Quarter, 1470.07 feet to an iron; thence run �Vest
Parallel to said North Line, 739.71 Feet to an iron in the
East Right of Way Line (Right of Way Line Begin 100 feet
tdeasured Square to Track) of NYC RR Co; thence North 15�
14' west along said East Right of i4ay Line 1523.6 to the
North Line of said Northwest Quarter; thence East 1145.72
Feet to the Place of Beginning and Containing 31.81 a�res.
Both Tracts include a private drive crossing the NYC RR
Track 80 rods of the North Line of said Section
And by said Petition said Petitioner further shows the same
co be filed pursuant to Indiana Acts-1953,-Chapter 132; Section 725,
726 and 727, I. C. 29-1-7, Sections 25,26 and 27 and therein, prays
the Court for an order receivinq and recording said Will as and for
the Last Will and Testament of Albert Carl Wipke, Deceased, and
ordering the same to be filed,.probated and recorded by the Clerk
of the Gibson Circuit Court, so that the same might have the same
effect as if it had been originally'admitted to probate and recorded
in this State. ' ' ' ' "' ` `'
"And by said petition said petitioner further shows that the
decedent, Albert Carl Wipke, deceased, left surviving as his only
heirs, legatees and devisees, so far as is known to this petitioner,
his wife, Mrs:� Florence wipke, of Mercedes, Hidalgo�County, Texas,
fiis daughter, Mrs. Betty Jean Drawe of Route 2, Box 477, Raymondville,
Texas, 78580, and his son, Mr. Robert Fredrick Wipke�of Australia. :
.And now the Court having heard the evidence and being
sufficiently advised in the premises, finds that'said Petition should
in all things be granted and the Court finds that the Last Will and
Testament of.Albert Carl Wipke, deceased, dated May 8,-1946, was duly
probated as.by law required in the County Court at Law of Hidalgo
County, State of Texas, on January 19, 1976, and that the decedent,
Albert Carl 59ipke, deceased,.left surviving as his only heirs, legatees,
and devisees his wife, Mrs. Florence Wioke of Mercedes, Hidalgo ,�
County, Texas, his daughter, Mrs._Betty Jean Drawe of Route 2, Box �
477, Raymondville, Hidalgo County, Texas, 78580 and his son, Mrs.
Robert Fredrick Wipke of Australia,�ann that said TOill ought to be`
allowed as the Last Will and Testament of said decedent and the
Court hereby orders the same to be filed and recorded by the Clerk
of this Court, as and for the Last Will and 'lestament of Albert Carl.
39ipke, deceased. '
IT IS FURTHER ORDERED AND. DECREED by the
Lpon such will shall have the same effect as if it
originally admitted to Probate and recorded in this
provided by laca.
SO ORDERED THIS �DAY OF JULY, 19'�6.
Court that
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JUDGE, GIBSON CIRCUIT COURT