§ 34-1-133 — Release; mortgage of deceased nonresident mortgagee

Wyoming § 34-1-133

• Jurisdiction: Wyoming
• Title 34: Property, Conveyances and Security Transactions
• Ch. 1: GENERAL PROVISIONS
• Art. 1: IN GENERAL

Text

Whenever any nonresident of this state shall die without this
state, owing, at the time of his death, debts secured by
mortgage or other incumbrance upon real or personal property
situated in this state, and the debtor shall make voluntary
payment of such debt to the executor of the last will and
testament of such deceased person, or to the administrator of
the estate of such deceased person, whose letters testamentary
or of administration, as the case may be, were issued from the
proper court of the state or territory of the United States,
where such deceased creditor resided at the time of his death,
it shall be lawful and competent for such executor or
administrator to execute a full and valid release, and
acquittance of such debt, and of the mortgage or other
incumbrance securing the same; provided, that there shall be
attached to such release and acquittance, and made a part
thereof, a full and complete transcript of the records of the
court issuing such letters testamentary or of administration, as
the case may be, certified to by the clerk of such court, or
other proper custodian of the records thereof, under his hand
and under the seal of such court, fully exhibiting the due
appointment and qualification of such executor or administrator,
and there shall also be attached to such release and made a part
thereof, a certificate under the hand of the presiding judge of
such court, or the clerk thereof, that at the date of such
release, the person or persons executing the same, was such duly
appointed and qualified executor or administrator, as set forth
in such release. Any release so executed shall be admitted to
record, in this state, in the office of any of the county clerks
and upon being recorded in the proper office, the county clerk
shall discharge the mortgage or other incumbrance in such
release mentioned, in the manner provided by law, but this
section shall not be construed to authorize any administrator
appointed by the courts of any other state or territory of the
United States, to exercise any power, within the state other
than the power to receive voluntary payments of debts due to his
intestate, and to release mortgages or other incumbrances upon
property situate in this state and securing such debts.