Disclaimer - Ziliak, Eloise_11/13/2000�: . �, ,
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STATE OF INDZANA
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IN THE MATTER OF THE
UNSUPERVISED ESTATE OF
ANTHONY N. ZILIAK, DECEASED
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NOV 0 9 Z000
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CIgr4 Glbaon Circuit CPllrt
IN THE GIBSON CIRCUIT COURT
) No. 26C01-0002-EU-0019
)
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RENUNCIATION AND DISCLAIMER BY SURVIVING TENAN'T BY THE ENTIRETY
The undersigned, ELOZSE R. ZILIAK, also known as Eloise
Ziliak, of the Town of Haubstadt, Gibson County, Indiana, being the
surviving spouse of Anthony N. Ziliak, also known as Anthony
Ziliak, and being duly sworn upon her oath, states as follows:
1. That the undersigned has been duly advised of the
following:
(a) On February 13, 2000, Anthony N. Ziliak died
testate, while a resident of Gibson County, State of Zndiana, and
FILED
NOV 0 9 2000
GIB/�NTY AU�
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his Last Will and Testament was probated on the 24th day of
February, 2000, by the Gibson Circuit Court.
(b) That immediately prior to said decedent's death,
Anthony N. Ziliak and Eloise R. Ziliak owned, as tenants by the
entirety, the following described real estate situated in Gibson
County, State of Indiana (which real estate is hereinafter referred
to as "REAL ESTATE"):
SEE LEGAL DESCRIPTION SET FORTH IN EXHIBIT A WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF.
2. That the undersigned has been further advised that
pursuant to the provisions of the Indiana Code 32-3-2-1 et. se�c.,
as amended, she has nine (9) months from the date of death of the
decedent to renounce, disclaim, or refuse to accept any part or all
of the undivided interest said decedent held as a tenant by the
entirety in said REAL ESTATE (which would otherwise be considered
to have been terminated and extinguished upon said decedent�s death
and have then resulted in the undersigned's being the owner in fee
simple of said REAL ESTATE; and that since the date of death of the
decedent was February 13, 2000, the deadline for such renunciation
and disclaimer is November 13, 2000.
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3. That the undersigned has been further advised that in the
event of any such renunciation and disclaimer, any of said interest
so disclaimed will devolve as if the disclaimant had died
immediately before the creation of the interest, meaning that said
disclaimed interest will be included as a part of the decedent's
probate estate.
4. That the undersigned, being duly advised and having fu11
knowledge of these facts, hereby irrevocably disclaims and
renounces, and refuses to accept such undivided interest that the
decedent, Anthony N. Ziliak, held as a tenant by the entirety in
said REAL ESTATE (which interest would otherwise have been
considered to have been terminated and extinguished upon the death
of said decedent and have then resulted in the undersigned's being
the owner in fee simple of said REAL ESTATE), such that after
having made this disclaimer, the undersigned will be an owner of an
undivided one-half (1/2) interest as a tenant in common in said
REAL ESTATE, and the remaining undivided one-half (1/2) interest as
a tenant in common in said REAL ESTATE will be included as a part
of the decedent's probate estate.
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5. That it is the intention of the undersigned that this
disclaimer constitute a qualified disclaimer as defined in Section
2518 of the Internal Revenue Code of 1986 and the corresponding
provisions of any subsequent federal tax law.
IN WITNESS WHEREOF, the undersigned has executed this
instrument at Haubstadt, Indiana, on this � day of
��y�� , 2000.
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Eloise R. Ziliak
STATE OF INDZANA )
) SS:
COL"NTY OF GIBSON )
Subscribed and sworn to before me, a Notary Public, in and for
said county and state, personally appeared the within named ELOISE
R. ZZLIAK, who acknowledged the execution by her of the above and
foregoing "Renunciation and Disclaimer by Surviving Tenant by the
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Entirety" as her voluntary act and deed, for the uses and purposes
therein set forth, and who, having been duly sworn upon her oath,
stated that all representations therein contained are true.
WZTNESS my hand and Notarial Seal, this 8th day of November,
2000.
My Commission Expires: Lc,,/' ,./. /,/}���
Julv 27, 2006 Diane L. Bender, Notary Public
My Residence Is: Vanderburgh County, State of Indiana
This instrument was prepared by Diane L. Bender, Attorney at Law,
111 S.E. Third St., Suite 402, P.O. Box 1536, Evansville, Indiana
47706-1536.
RETURN TO THE LAW OFFICES OF: Diane L. Bender
Attorney at Law
P.O. Box 1536
Evansville, IN 47706-1536
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EXHZBIT A
TRACT 1: The North half of the North half of the Southeast
quarter of Section thirty-six, (36), Township three South,
Range eleven West, excepting therefrom the Southeast part of
said half half quarter Section bounded as follows: Begin at
the Southeast corner of said half half quarter Section at a
stone which is twenty chains and twelve links South of the
Northeast corner of said quarter Section and from said stone
running west 565 feet; thence North 240 feet; thence East 565
feet to the Range line; thence South 240 feet to the place of
beginning. All of said land conveyed herein containing 36.87
acres, more or less.
Also, the Southeast quarter of the Northwest quarter of
Section thirty-one, (31), Township three South, Range ten
West, and containing 37.05 acres, more or less, excepting
therefrom a certain tract of land on the South side thereof
deeded to Anton Dewig and others on the 20`h day of March,
1939, said deed being recorded in deed record #109 at page 550
in the records of the Recorder's Office in Gibson County, and
being described as follows: Part of the Southeast quarter of
the Northwest quarter of Section thirty-one, (31), Township
three South, Range ten West and described as follows: Begin at
a rock at the Southeast corner of the Southeast quarter of the
Northwest quarter of said Section, and run thence North 423
feet to an iron pin, thence South 75 degrees, 20 minutes West
646..7 feet; thence West parallel to the South line thereof 612
feet to an iron pin, thence South 265 feet to an iron pin in
the South line thereof; thence East 1241.7 feet to the place
of beginning and containing 8.70 acres, more or less.
Also a part of the Northwest quarter of the Northwest
quarter of Section thirty one, (31), Township three South,
Range ten west bounded as follows: Beginning in the west line
of said Section at a point thirty chains South of the
Northwest corner thereof and run thence East sixteen chains
and two and one half links to the middle of the Chicago and
Eastern Illinois Railroad; thence South along said railroad to
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the South line of said quarter quarter Section; thence West to
the Southwest corner of said quarter quarter Section; thence
North to the place of beginning and containing three acres,
more or less.
Also, the Southwest quarter of the Northwest quarter of
Section thirty-one, (31), Township three South, Range ten
West, except the South three acres off the South end of said
quarter quarter Section that lies East of the Chicago and
Eastern Illinois Railroad and containing, exclusive of said
exception 34.05 acres, more or less, also except therefrom a
piece of land reserved by the Grantors herein for their own
use and being described as follows: Beginning at a stone in
the Southwest corner of the Southwest quarter of the Northeast
quarter and running thence East 396 feet; thence North 160
feet; thence West 396 feet; thence South 160 feet to the place
of beginning and containing 1.46 acres, more or less. And
Also excepting therefrom a part of the Southwest quarter of
the Northwest quarter of Section thirty-one, (31), Township
three South, Range ten west and described as follows: Begin at
a point in the South line of said quarter Section 637 feet
East of the Southwest corner thereof and run East 50 feet to
an iron pin in the West right-of-way line of the Chicago and
Eastern Illinois Railroad; thence North six and one half
degrees West along said West line 108 feet to an iron; thence
West 50 feet to an iron; thence South six and one half degrees
East parallel to said railroad right-of-way line 108 feet to
an iron at the place of beginning and containing twelve
hundredths of an acre, more or less. Said last exception
being conveyed to the Southern Indiana Gas and Electric
Company by Clements F. Kiesel and Nettie B. Kiesel, husband
and wife.
TRACT 2: The Northwest quarter of the Northwest quarter of
Section (14) fourteen, Township (4) four South, Range (11)
eleven West, and containing (40) forty acres, more or less.
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TRACT 3: That part of the Southwest quarter of the Northwest
quarter of Section 31, Township 3 South, Range 10 West, Gibson
County and more particularly described as follows:
Begin at the Southwest corner of said quarter-quarter section
thence North 160.00 feet, along the west line of said tract;
thence East 396.00 feet along the North line of said tract;
thence South 160.00 feet, along the East line of said tract;
thence west 396.00 feet along the South line of said tract;
said South line is the South line of said quarter-quarter
section, to the point of beginning. Containing 1.46 acres.
EXCEPT therefrom a plot of land described as follows:
Begin at a point 242.70 feet East of the Southwest corner of
said quarter-quarter section, thence North 156.70 feet, along
the West line of said exception; thence South 88 degrees 51
minutes East 153.45 feet along the North line of said
exception; thence South 152.00 feet along the East side of
said exception; thence West 153.30 feet to the point of
beginning. Said exception contains 0.54 acres more or less.
Total acreage less exception equals 1.46 acres minus 0.54
acres equals 0.92 acres conveyed.
EXCEPT THE FOLLOWING DESCRIBED FIVE EXCEPTZONS, BEING
EXCEPTION 1, EXCEPTION 2, EXCEPTION 3, EXCEPTZON 4, AND
EXCEPTION 5:
EXCEPTION 1: The northwest part of the southeast quarter of
Section 36, Township 3 south, Range 11 west in Johnson
Township, Gibson County, Indiana, and further described as
follows: Begin at an iron at the northwest corner of the
southeast quarter of Section 36; measure thence east 285 feet
to an iron; measure thence south, parallel to the west line of
the said quarter section, 211.90 feet to an iron; measure
thence west, parallel to the north line of said quarter
section, 73 feet to an iron; measure thence south, parallel to
the said west line, 461.64 feet to an iron; measure thence
west, 212 feet to a stone in the west line of the said quarter
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section; measure thence north, along the west line of the said
quarter section 674 feet to the place of beginning and
containing 3.634 acres.
EXCEPTZON 2: A part of the North half of the North half of the
Southeast quarter of Section 36, Township 3 South, Range 11
West, Gibson County and more particularly described as
follows:
Begin at a point 285.00 feet East of the Northwest corner of
the Southeast quarter of Section 36, Township 3 South, Range
11 West, said point being in the North line of said quarter
section; thence South 212.00 feet along the West line of the
described tract; thence East 224.50 feet along the South line
of the described tract and parallel to the North line; thence
North 212.00 feet along the East line of the described tract
to the North line of said quarter section; thence West 224.50
feet, along the north line of the described tract, said North
line being the North line of said quarter section, to the
point of beginning Containing 1.09 acres more or less. The
described tract is subject to all legal highway right-of-way.
EXCEPT the coal and other minerals mixed with coal in and
under the above described real estate.
EXCEPTION 3: A part of the North half of the North half of the
Southeast Quarter of Section 36, Township 3 South, Range 11
West, inside the corporate limits of the town of Haubstadt,
Gibson County, Indiana, and further described as follows:
Begin at a stone at the Northeast corner of the North half of
the North half of the Southeast quarter of Section 36,
Township 3 South, Range 11 west, and thence bear South along
the East line thereof 429.2 feet to a �4" iron at the Northeast
corner of the existing Catholic Church Cemetery, said iron
being 240 feet North of the Southeast corner of said half half
quarter section; thence bear West along the North line of said
Cemetery, but always parallel to the North line of said
quarter section, 565.0 feet to a �4" iron at the Northwest
corner of said Cemetery; thence bear North, parallel to the
East line above described 411.2 feet to a 34" iron set as a
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witness; thence continue on the
P.K. nail on the North line of
bear East on said North line
beginning, and containing 5.567
street right-of-way.
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same course 18.0 feet to a
said quarter section; thence
565.0 feet to the point of
Acres, subject to Haubstadt
EXCEPTING all the coal and other minerals mixed with coal in
and under said lands heretofore conveyed to Ohio Valley Coal
Company, Inc., by Warranty Deed dated May 28, 1971, recorded
in Deed Dr. 1, Card 3433, Office of the Recorder of Gibson
County, Indiana.
EXCEPTION 4: A part of the Southwest Quarter of the Northwest
Quarter of Section 31, Township 3 South, Range 10 West, in
Gibson County, Zndiana and more particularly described as
follows:
Beginning at a point three hundred ninety-six feet (396.00)
East of the Southwest corner of said quarter quarter section
thence North one hundred fifty-two feet (152.00) to a point;
thence North 88 degrees 51 minutes west one hundred fifty-
three and forty-five hundredths feet (153.45) to a point;
thence North two hundred thirty-five and seventy hundredths
feet (235.70) to a point; thence east two hundred one and
thirty hundredths feet (201.30) to a point; thence South three
hundred ninety-two and forty hundredths feet (392.40) to a
point on the south line of said quarter quarter section;
thence West along said south line forty-eight feet (48.00) to
the point of beginning.
Containing 1.27 acres, more or less.
Subject to any easements and/or right-of-ways of record.
EXCEPTION 5: A part of the north half of.the north half of the
southeast Quarter of Section 36, Township 3 South, Range 11
West in Gibson County, Indiana and more particularly described
as follows:
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Commencing at the northwest corner of the southeast Quarter of
section 36, Township 3 South, Range 11 West; thence north 90
degrees 00 minutes 00 seconds east along the north line of the
said quarter section a distance of 509.50 feet to the point of
beginning; thence north 90 degrees 00 minutes 00 seconds east
along the said north line a distance of 50.00 feet; thence
south 00 degrees 56 minutes 00 seconds west a distance of
212.00 feet; thence north 90 degrees 00 minutes 00 seconds
west a distance of 50.00 feet; thence north 00 degrees 56
minutes 00 seconds east a distance of 212.00 feet to the point
of beginning and containing 0.24 acres, more or less.
Subject, however, to all conditions, easements, highways,
rights-of-way, mineral reservations, conveyances, restrictions
and limitations of record.
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