HomeMy WebLinkAbout04-25-07
IN THE MATTER OF THE
ESTATE OF RUSSELL E. ALLYN,
DECEASED,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: No. 2005-01035
RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT
FOR CHARITABLE LEGACY TO JEFFERSON MEDICAL COLLEGE
THIS AGREEMENT, made this L1 day of 0 e10 t-<.~ , 2006,
WITNESSETH:
THE CIRCUMSTANCES, leading up to the execution of this Agreement are as follows:
1. Russell E. Allyn (the "Decedent"), late of the Borough of Camp Hill, Cumberland
County, Pennsylvania, died testate on November 17,2005.
2. The Decedent's Last Will and Testament, dated August 6,2004 (the "Decedent's
Will") was duly admitted to probate by the Register of Wills of Cumberland County,
Pennsylvania (the "Register"), and entered of record as No. 2005-01035.
3. The Register has issued Letters Testamentary to J. Kenneth Lowrie and Crystal U.
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Hackett, as Co-Executors (collectively, the "Executors") of the probate estate (the~<tEstate"rof
the Decedent. I')
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4. Administration of the Estate is continuing, pending the preparation, filing ant[:
settlement of the Decedent's federal estate tax return.
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5. Artic1eVI of Decedent's Will provides the following:
Cash Legacy to Charity. I give and bequeath to the Jefferson Medical College,
Philadelphia, Pennsylvania, or its successors, the sum of Fifty Thousand Dollars
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($50,000.00) for such uses and purposes as its governmg board shall deem
necessary and advisable.
6. In consideration of the indemnifications hereinafter provided, the
Executors are willing to make a complete distribution to Jefferson Medical College,
Philadelphia, Pennsylvania (the "College") in the amount set forth above, pending
approval by the Attorney General of the Commonwealth of Pennsylvania, or his Deputy,
of the Executors' First and Final Account.
NOW THEREFORE, in consideration of the foregoing, and intending to be legally
bound, Jefferson Medical College, by its undersigned duly authorized officer, agrees as follows,
to wit:
A. Represents and warrants that such authorized officer has read and understands this
Agreement and confirms that the facts set forth above are true and correct, to the
best of such officer's knowledge, information and belief.
B. Represents and warrants that the undersigned is an officer or other authorized
agent of the College, and is authorized to receive payment of the below-described
legacy on behalf of the College.
C. To the extent ofthe below-described legacy, the College hereby absolutely and
irrevocably remises, releases, quit-claims and forever discharges the Executors,
including their personal representatives and successors, of and from any and all
actions, payments, accounts, reckonings, liabilities, claims and demands relating
in any way to the Estate and/or the Will.
D. The College acknowledges receipt of the sum of Fifty Thousand Dollars
($50,000), paid in full satisfaction of the College's right, title and interest in the
Estate, whether under the Will or otherwise.
E. Agrees to refund, on demand, all or any part of the aforesaid legacy, which has
been determined by the Executors, or either of them, or by the Orphans' Court
Division of the Court of Common Pleas of Cumberland County, Pennsylvania
(the "Court"), or by any court of competent jurisdiction to have been improperly
made.
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F. To the extent of the aforesaid final distribution, the College agrees that it will
indemnify and hold harmless the Estate, the Executors, or either of them, together
with their attorneys, agents, employees, predecessors, successors and assigns,
from and against any and all claims, loss, liability or damage that may hereafter
be asserted against the Executors, with respect to the matters set forth in this
Agreement.
G. Acknowledges that this Agreement shall be governed and construed in accordance
with the laws of the Commonwealth of Pennsylvania.
H. Consents to the Court exercising personal jurisdiction over the College in any suit
or action arising out of the enforcement of this Agreement.
IN WITNESS WHEREOF, the duly authorized officer or other agent ofthe College has
hereunder set his or her hand and affixed the seal of the College, with the same to be effective as
of the date first above written.
JEFFERSON MEDICAL COLLEGE
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SS.
QQMMoNWEALTH OF PENNSYLVANIA
Notarial Seal
Kathleen WIsoo NN.._.
CltyOf~ ~~ Public
M My Commissicin &pi1lllS Apr. 27.C:::
ember. Pennsylvania ASSOciation of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
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On this, the / 9 day of 0 C 1-0 l:J~r , 2006, before me, the undersigned
officer, personally appeared -;j)(t(/I' j e.,f~ ' who acknowledged himself/herselfto be
Sf7A/1;O I {)r:1 frp i,JUlfof JEFFERSON MEDICAL COLLEGE, and that he/she, as
such officer being authorized so to do, executed the foregoing instrument for the purposes
therein contained by signing the name of the organization by himself/herself as such officer.
IN WITNESS WHEREOF, I hereunto set my hand d official seal.
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