HomeMy WebLinkAbout06-19-06 (3)
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Email:ksohonage@schutjerbogar.com
Direct Dial: 717.909.8160
July 6, 2006
Sent via facsimile to 717.763.1706
James W. Abraham, Esquire
2157 Market Street
Camp Hill, P A 17011
Re: Estate of Charles F. Krajcsik
Jim:
I have had an opportunity to review your correspondence from Saturday
July 8,2006, regarding the above-noted matter and I agree that perhaps the
" AFORESAID" language could be interpreted to mean as you have suggested
and that the bond was intended to have been waived for subsequent Executors.
Yet, as you correctly pointed out in paragraph three (3) of that correspondence,
there exist arguments as to whether the attorney who wrote the will intended to
incorporate the bond exemption into the alternate executors.
As we had discussed, the Register is personally liable for damages that
might arise as a result of her failure to require bond when a court deems such
bond to have been a necessity. Lacking the ability to predict how a court might
interpret the language of the Will and with arguments existing on both sides of
this issue as to the testator's intent, it is my duty as the Register's solicitor to
ensure that liability does not fall upon her for not doing something that a court
may deem to have been necessary. As such, I continue to recommend that a
bond is required.
I apologize for the inconvenience to your clients in this matter. Although,
as we had also discussed, under certain circumstances the need for a bond could
be waived, but that is a matter for you and your clients to discuss.
Very truly yours,
Kirk S. Sohonage
cc: Strasbaugh, C.P.
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