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HomeMy WebLinkAbout04-25-07 (3) 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 ZION LUTHERAN CHURCH THIS AGREEMENT, made this I?'" day of N~~ 2 06 , 0 , 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. , ) Hackett, as Co-Executors (collectively, the "Executors") ofthe probate estate (the:'(':ijstate"):g.f , . the Decedent. r~, .... ~ '.' 4. Administration of the Estate is continuing, pending the preparation, tiling ann: settlement of the Decedent's federal estate tax return. L' 5. Article IV of Decedent's Will provides the following: Cash Legacy to Charity. I give and bequeath to the Zion Lutheran Church, Harrisburg, Pennsylvania, or its successors, the sum of Twenty-five Thousand 1 \ d Dollars ($25,000.00) for such uses and purposes as its governing board shall deem necessary and advisable. 6. In consideration of the indemnifications hereinafter provided, the Executors are willing to make a complete distribution to Zion Lutheran Church, Harrisburg, Pennsylvania (the "Church") 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, Zion Lutheran Church, 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 Church, and is authorized to receive payment of the below-described legacy on behalf of the Church. C. To the extent of the below-described legacy, the Church 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 Church acknowledges receipt of the sum of Twenty-five Thousand Dollars ($25,000), paid in full satisfaction ofthe Church's right, title and interest in the Estate, whether under the Will or otherwise. E. Agrees to refund, on demand, all or any part of the aforesaid legacy, which has been determined by the Executors, or either of them, or by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court"), or by any court of competent jurisdiction to have been improperly made. 2 F. To the extent of the aforesaid final distribution, the Church agrees that it will indemnify and hold harmless the Estate, the Executors, or any of them, together with their attorneys, agents, employees, predecessors, successors and assigns, from and against any and all claims, loss, liability or damage that may hereafter be asserted against the Executors, with respect to the matters set forth in this Agreement. G. Acknowledges that this Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. H. Consents to the Court exercising personal jurisdiction over the Church in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, the duly authorized officer or other agent of the Church has hereunder set his or her hand and affixed the seal of the Church, with the same to be effective as of the date first above written. ATTEST: ZION LUTHERAN CHURCH By: Name: Title: ~/9 BY:~ Name: vv./l."1 Title: -rA..e~tJlCN"'"" 3 COMMONWEALTH OF PENNSYLVANIA /I . SS. COUNTY OF Dl..UPIIIN-- {.AI /Il?J~ : On this, the J:::3 day of ~ J/~ ' 2006, before me, the undersigned - officer, persooally appeared ~$~J?WhO acknowledged himselfi'herselfto be 7~cr~--/ of ZION LUTHERAN CHURCH, 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 han d official seal. COMMONWEAlTH Of PENNSYLVANIA NOTARIAL SEAL CJAMES E. GREEN, Notary Public amp Hili Boro, Cumberland County .~ommlssion Expires June 6, 2009 ",~, .... ..., 4