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HomeMy WebLinkAboutVesting Deed_29835546 1 RETURN DOCUMENT TO: American Land Title Company 1000 W.Koch,Bozeman,MT 59715 CLERK OF T H E Order No: 1-91 Q DISTRICT COURT LAURA A. eFzFNT 1 Michael B. Anderson 2006 MR 28 Pal � ":S ANDERSON & LIECHTY, P.C. 2 P. 0. Box 3253 FIL Billings, Montana 59103 BY 3 Telephone No. (406) 254-8904 DE Y Attorney for Personal Representative 4 5 5 W 7 0 U 4W 3 MONTANA THIRTEENTH JUDICIAL DISTRICT, YELLOWSTONE COUNTY w m 3 3 In the Matter of the Estate of aF ) 06 Q+72 �2 = } —1 VESTA F. ANDERSON, ) Probate No. DP Deceased. ) Judge 1r4T n c= `o =3 Nm�M4 LETTERS N` N o• 5 The Will of the above-named decedent having been admitted to N_o= IM 7 probate and Spencer Neil Anderson appointed as personal ,8 representative of said Will and estate, by order in the above 191 proceeding dated March AS , 2006, 20 Letters of Appointment as such personal representative are 21 hereby issued, as provided by law. 22 WITNESS the Clerk of Court above-named and the seal of the 23 CgAA 'affixed on the Cg day of March, 2006. 24 25 :: c 26 27 •�1 *,«..f l•. 28 2422552 Page 2 of 2 08/03/201 2 03:14:15 PM N. 1 LAURA A. BRENT, Clerk of Court 2 , B 3 (COURT SEAL) Deputy Clerk i i 4 STATE OF MONTANA ) i 5 } ss: COUNTY OF YELLOWSTONE ) 1, Spenceriderson, hereby accept the duties of personal 7 representative of the Will and estate of Vesta F. Anderson, lemnly ear that I 8 law, the deceased,dand doofopersonalWrepresentati elofethe Willcanddestate to of Vesta F. Anderson, deceased. 9 10 11 nce Anderson 12 SUBSCRIBED and sworn to before me this 1,.3� day of March, 2006. 13 I 14 15 Printed Name: Lottie A. Blades Notary Public for the State of Montana 16 Residing at Billings, Montana My commission expires: Sept. 14, 2006 17 18 (SEAL) 19 20 21 State of Montana County of Yellowstone}ss CERTIFICATE 2 2 I hereby certify tha' this sheet and all attached 23 sheets loWfUd< , presslon of my Officidl Seal are.e�c�i 1 Orrect copies of originals 24 fitedirtp� Cfic�P�lz�� WITNGr?8 atd 50d Official Seal this 25 20jj— -2- > ' 9 26 ',' rk`q el%�;,,t Court 2'7 puty 28 :r� I I Il�l�l lIII��I��I lll�I j 2232913 llli!(!IlII!!r!l�III1 j 06/291200 Shelley Vance—Gallatin Co MT DEED 14.00 6 11.03R After recording,return to: Daniel N.McLean P. O.Box 797 Helena,MT 59624-0797 WARRANTY DEED FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the undersigned, MARY BAXTER NELSON, sometimes known as MARY CATHERINE NELSON, 337 Bobwhite Lane,New Braunfels,Texas 78132, Grantor, hereby grants to BAXTER RANCH HOLDING,LTD.,with a mailing address of 337 Bobwhite Lane, New Braunfels, Texas 78132, Grantee, an undivided fifty percent(50%) interest in real property in Gallatin County, Montana, commonly known as the Anderson/Nelson-Baxter Lane Farm, containing 715.18 acres, more or less, and more particularly described as follows: Township 1 South Range 5 East,M.P.M: Section 33: COS 2553, Tract l; Township 2 South,Range 5 East, M.P.M: Section 3: COS 2554,Tracts 1 and 2; Sections 4 and 5: COS 2552, Tracts 1 through 5; TO HAVE AND TO HOLD to the Grantee, and Grantee's heirs, successors and assigns, forever, SUBJECT TO THE FOLLOWING: (a) Reservations and exceptions in patents from the United States and the State of Montana; (b) Existing easements and rights-of-way; (c) Mineral and royalty reservations and conveyances of record; 0 N- (d) Building,use, zoning, sanitary and environmental restrictions, and a M CV N waivers of record; Ng� Nay (e) Taxes and assessments for 2006 and subsequent years. NN a —`" EXCEPT with reference to the items referred to in paragraphs(a) to (e)inclusive, this deed is given with the usual covenants expressed in Section 30-11-110, MCA. DATED: , 2006. Mary e6therine Nelson, also known as Mary Baxter Nelson •`:. ; STATE OF TEXAS ) :ss. County of Comal ) This instrument was acknowledged before me on 4k 2006,by MARY CATHERINE NELSON, sometimes known as MARY bAXTER NELSON. of E ,wm v p1aez (alo 2W ;(Notar 'gnat e L (Printed Name) {Notarial Seal} Notary Public for the State of Texas Residing at My Commission expires , 2V1' Warranty Deed -Nelson to Baxter Ranch Holding--Page 2 ter.. er ;�y Fiat .. 2 ,au 10M 5 ` IN THE DISTRICT COURT OF THE EIGHTEENTH JUDICIAL IRSTRICP OF T14-E SPATE OF MUNTANA IN AND FOR THE COUNTY OF GALLATIN ees � essss in the Matter of the Esiata Of ) No. 4626 'W FILED ROBERT G. BAXTER, Deceased) oa�.YyjmlGrC.v�,�..tsEi.Z IF-AyN THOMP�QN,Gerk ! DEC44 REE OF SETTLEMENT OF FINAL r`/Jo ACCOUNT AND DISTRIBUTION ,�,�, MARIE C. SWEA, Executrix of the Last Will and Testament of Robert G. Baxter, deceased, having on the 8th day of March, 1962, rendered and filed herein her Final Account of her administration of said estate, and having with said Account filed her Petition for Final Distribution of said Estate; And said Final Account and Petition for Distribution corning on regularly to be heard. proof having been made to the satisfaction of the Court that the Clerk had given Notice of the settlement of said account and hearing on said petition for distribution in the manner and fo- the time heretofore ordered and directed by the Court; And it appearing that said Final Account is in all respects true and correct, and that it is supported by propi.r vouchers, and that the total amount of money received by said Executrix, " shown by said Final Account, is the sum of Eight Thousand Eight hundred Seventy and 64/100 Dollars!S8,870.64), and the total amount paid out and expended, and to which said Executrix is entitled to credit, as is shown by Raid Final Account, is the sum of Thirty- Two Thousand Three Hundred Seventy-two and 08/100 Dollar c 432,372.08r, , 2 b«;015 620 i; k that said Executrix has paid from her personal funds all moneys required to pay and discharge all of the debts of said deceased, and that said Executrix makes no claim against the estate of said deceased for reimbursement of any of said moneys paid out and expended by her as such Executrix; IT IS ORDERED, ADJUDGED AND DECREED, that said Final Account of said Executrix, be, and the same is hereby settled, allowed and approved, as and for the Final Account of her administration of said estate; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Federal Estate Tax Return has been tiled and the amount of tax as shown thereon has been paid. And it further appeasing to the Court from the evidence and proofs submitted that said Robert G. Baxter died testate in the Coudiy of Gallatin, State of Montana, on the 17tb day of December, 1960, being at the time of his death a resident of the County of Gallatin, State of Montana, and leaving estate therein, and that his Last Will and Testament was admitted to probate in the above entitled Court on the 23rd day of January, 1961, and that more than one year has elapsed since said Will was admitted to probate;that Notice to Creditors of said deceased was duly published according to law, and that more than four(4) months has expired since the first publication of said Notice to Creditors, the first publication of said notice being on the 26th day of January, 1961; and it appearing that all claims and debts against said decedent and all taxes on said estate and charges and expenses of administration have been fully paid and discharged, including the inheritance I tax which has been this day fixed and determined by the Court and paid, and that said estate is ready for distribution and in a condition to be closed; IT IS FURTHER ORDERED, AA.TUDGED AND DECREED, that all 1 I -2- FILM 2 �;t.OU 321 inheritance tax owing in said estate matter has been paid and that there is no inheritance tax now doe or owtng. It further appearing to the Court that the residue of said estate consists of real and persona)property hereinafter described. That the next of kin of said deceased and his only heirs at law, an of whom are of legal age, are as follows, to-wit: Marie C. Baxter, wife, residing at Route yl, Bozeman, Montana; Vesta Fern Anderson, daughter, residing at 304 West Cleveland, Bozeman, Montana; and Mary Catherine Nelson, daughter, residing at Hammond, Louisiana; That under the terms of the Last Will and Testament of said deceased, and by Paragraphs"Third', "Fifth", "Sixth", and"Seventh"thereof, pro- vided as follows, to-wit: "Third. I give, devise and bequeath to my wife, Marie C. Baxter, the following described real property situate'in the City of Bozeman, County of Gallatin, State of Montana, to--At: "Ar,srdtvtded one-third(1/3)interest and all of my right title and interest in and to Lots Five 1W and Six,S)iu Block B of Tracy's First Addition to Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana." "Fifth. I give, devise and bequeath to my wife, Marie C. Baxter, so long as she may live, the possession, management and control, income, rents, issues and profits of, and a life estate in, all other real property owned by me at the time of my death." "Sixth. Subject to the provisions of the preceding paragraphs (Paragraphs Third and Fourth) of this Will, and subject to the Life Estate of my said wife as contained in Paragraph Fifth of this Will, I give, devise and bequeath all of the real property owned by me at the time of my death and in which my wife is herein given a Life Estate, in equal shares to my two daughters, Vesta Fern Anderson and Mary Catherine Nelson, they to share and share alike." "Seventh. Subject to the provisions of the preceding paragraphs (Paragraphs Third, Fourth, Fifth and Sixth) of this Will, I give -3- FIN ' 2 tKE 1017 6 ' and bequeath to my wife, Marie C Baxter, all of the rest, residue and remainder of my estate and property wheresoever found, owned by me at the time of my death." That under the terms of said Will and Paragraph"Third"thereof, said Marie C. Baxter is entitled to a decree of this Court setting over and distributing to her the following described real property situate in the County of Gallatin, State of Montana, to-wit: An undivided one-third interest in Lots Five(5)and Six(6) in Block B of Tracy's First Addition to Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Together with the tenements, hereditament,and appurtenances thereunto belonging or in anywise appertaining. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the real property last above described, be, and it is hereby set over and distributed to Marie C. Baxter. That ender the terms of said Will ara Paragraph"Fifth"thereof, said Marie C. Baxter is entitled to a decree of this Court setting over and distributing to her a life estate in the hereinafter described real property. That under the terms of said Will and Paragraph"Sixth"thereof, Vesta Ft'rn Anderson and Mary Catherine Nelson are entitled to have set over and distributed to them, they to share and share alike, the real property hereinafter described subject to said life estate of Marie C. Baxter in the same. That the real property referred to in Paragraphs "Fifth"and"Sixth" of said Will situate in Gallatin County, State of Montana, is described as follows, to-wit: The :'ect Half o:the Northwest 4?anrter(K'zNW') of Section Tstrac (s); the Northeast Quarter(NF.;), North Half of the Northwest Quarter(NiNWO, and the Southeast Quarter of .4- r ILW 2 .,-:4Oi8 ( the Northwest Quarter(SE;NW;) of Section Four(4)7,the Northeast Quarter of the Northeast Quarter(NE;NE;)of Section Five(5); all in Township Two(2) South, Range Five(5)East, M.P.M., subject to rights of way for public utilities, public roads, and irrigation ditches as the same preserdly exist; The West Half of the Southwest Quarter(WaSWt)of Section Three (3), Township Two(2)South of Range Five(5)East, M.P.M.; The Southwest Quarter of the Northwest Quarter(SWSNr1'_) of Section Four(4), and the Southeast Quarter of the North- east Quarter(SE;NE;)of Section Five(5), Township Two (2) South, Range Five(5)East, M.P.M.; The Southeast Quarter(SE;)of Section Thirty-three(33), I Township One(1) South, Range Five(5)East, M.P.M. i Together with the tenements, hereditaments, and appurte- nances thereunto belou„^ing or in anywise appertaining, and together with all water rights and water ditches as the same is thereunto belonging, including any water rights that may be represented by shares of stock in any ditch or water company. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the real property last above de&,:ribed, be, and it is hereb;set over and distri- buted to Vesta Fern Anderson and Mary Catherine Nelson, they to share and share alike, subject to a life estate of Marie C. Baxter. That•+nder the terms of said Will and Paragraph ,Sewenth" thereof, said Marie C. Baxter is entitled to a decree of this Court setting over and distributing to her all of the rest, residue and remainder of said estate hereinafter described, and any and all other property not now known or discovered belonging to said estate or in which said estate may have any interest; that the rest, residue and remainder of said estate i s described as follows, to-wit: 86 Shares of stork of The Great American I.'fe Ttnderwritpra Inc., represented by Certificate No. 2555; .5. ;ewEM9 iiu4 Stock Corratio% by^c:3lfic to Numbers M021Shares of stock of First 217, M078421,MU2851, M059436represented. and M027715; 35 Shares of stock of Bozeman Investment Company. represented by Cer"-ficstes No. 122 and 104, 3z Shares of etoelt of$c1;=-de State Bar.'-», reprexPntea by Certificates No. 204 and 270; 12 Shares of stock of Security Building, Inc-, represented by Certificate No. 12; 36 Shares of stock of Security Bank and Trust Company of Bozeman. represented by Certificates No. 143. 165, 211. and 280; Revolving Fund Certificate No. 5691 of Gallatin Cooperative Creamery; 202 Shares of stock of Bozeman Community Hotel, represented by Certificates No. 3, 24, 35, 83, 184, 292, 377, 402, 430, 432, 433, 433, 406, 468, 473, 483, 509, 533, 547, 548, 540, 588, 590, 606 and 703; 1 Share of stock of The Montana Power Company, represented by Certificate No. 014050; 1307 Shares of stock of New Day Oil Co., represented by Certifi- cates No. 1133, 873, 1363, 1006, 804, 1419, and 1586; 2000 Shares of stock of Butte-Burlington Mining Company, represented by Certificate No, 141; 80 S;,ares of stock of Masonic Temple, Inc., represented Ly Certificates No. 104, 356, 742, 128, 459, and 836; 200 Shares of stock of Coeur d'Alene Mines Corporation, represented by Certificate No. 1679; V64tns of IS Oil nvyalty of New A".oese w-=F.oyalty Trust Certificate No. C8; 490 Shares of stock of Federal Land Bank of Spokane; 82 Cows and heifers; i 65 Caives; i 2 Bulis; 14 Sows and 1 boar; iyni Dodge.Automobile; 1 "20 l f I 1930 International Truck; Wagons, harness and tools; < I 2 Work Horaes; 1 Saddle Horse; Furniture. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the personal property herein last above described as the rest, residue and j remainder of said ealA% be, and it is hereby set over and distributed to i Marie C. Baxter. IT iS FURTHER ORDERED, ADJUDGED AND DECREED that the administration of said estate be closed and that said Marie C. Baxter be discharged from her trust as such executrix of the Estate of Robert G. Baxter, deceased. Dated this 26th day of March, 1962. District Judge. STAFF Of m0 lAt*7�� County of ahllafia f" 1 'l,6 RVN THUM wal 1. 1. . .,,,,„,„owl or me tghreanrhJudicalDistrd0�iha State of Men" in and far jl+!.tauop 61 sag,u .bY..ngy s6ar the ahovo s a faU, rue and coneet cop tfy onymal as the sasna appau,(a t)y lap aad ra yt!i t' off��P�� , 'Y, FV HAND aad>bi•6aa1 of this Coup this__.Mf Z.day B \ / • r EDMD Rafe of Mont..County of Gallatin.as bled for record _ September 1Q__, 1968 at 3:00 Pit-M..and recorded in Book _ Z of DSC,3EES page 1014 neat L. amnngn / Recorder. 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