The URL can be used to link to this page

Home My WebLink About06-11-07 INRE: ESTATE OF ELSIE MAE FRANCIS, Deceased : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : IN THE ORPHANS' COURT DIVISION : NO. 2006-00834 APPROVAL OF ACCOUNT. RECEIPT. RELEASE AND INDEMNIFICATION WHEREAS, Elsie Mae Francis (the "Decedent") died on September 4, 2006, leaving a Will which was duly probated by the Register of Wills of Cumberland County, Pennsylvania on September 21,2006; and WHEREAS, the Decedent's Will appoints David Wynne Francis as Executor (the "Executor") and Letters Testamentary were duly granted to the Executor on September 21, 2006; and WHEREAS, the Decedent left the residue of her estate to her children, Rhys William Francis, Steven Howel Francis and David Wynne Francis ("the Beneficiaries") in equal shares; and WHEREAS, Rhys William Francis died on January 1, 2007 and Marie D. Francis was duly appointed Executrix of his estate; and WHEREAS, the Pennsylvania Inheritance Tax return has been filed and approved and all Pennsylvania Inheritance Tax has been paid; and WHEREAS, the administration of the estate is nearly complete with the exception of the final fiduciary income tax returns for the estate; and -~--,I .-j r" , , .) '., . 646956.2 \'").. WHEREAS, the Executor wishes to make distribution of the Estate without the expense and formality of a court accounting and instead upon Approval of Account, Receipt, Release and Indemnification, which it is the purpose of this Agreement to provide. NOW, THEREFORE, the undersigned, for themselves, their personal representatives and heirs, do hereby: 1. State that they have examined the First and Final Account which is attached hereto as Exhibit "A" (hereinafter the "Account") and approve the transactions set forth or proposed therein (and the administration of the Estate generally) as though they were contained in a formal Accounting which had been confirmed absolutely by the Court having jurisdiction over the Estate. 2. State that they have examined the Statement of Proposed Distribution attached to the Account and they approve the distributions proposed therein as though they were ordered by the Court having jurisdiction over the Estate. 3. Waive the filing of the Account in any Court and agree that any Court having jurisdiction over the Estate may confirm the Account in the form attached hereto. 4. Acknowledge receipt from the Executor of the assets shown as distributed to them in the said Account or distributable to them in the Proposed Distribution in absolute payment of and in full satisfaction of their interest under the Decedent's Will or in Decedent's Estate for whatever reason, whether as beneficiary, heir or claimant. 5. Do hereby absolutely and irrevocably release, remise, quitclaim and forever discharge the said Executor, his personal representatives, heirs and assigns, of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason of their actions as Executors of the Estate. -2- 6. Do hereby absolutely and irrevocably release the Executor from filing any Account, Petition for Distribution or other document with the Court of Common Pleas of Cumberland County, Pennsylvania, or in any other jurisdiction in connection with the Estate of the said Decedent. 7. Hereby agree that if, at any time in the future, the said Executor receives any demand or claim for any amount claimed to be due and owing from the Estate, or him as Executor, and approves said demand or claim, they shall, at the request of the said Executor, pay to the said Executor their respective shares of the amount of any such demand or claim, or if it has been paid by the said Executor, then reimburse him for the amount paid by him, provided that the amount of such requested payment or reimbursement shall not exceed the total of the assets paid or distributed by said Executor to the Beneficiaries as set forth in the attached Account. 8. Hereby agree to indemnify the Executor and hold him harmless, to the extent of the Estate assets received by the undersigned, from and against any and all claims, loss, liability or damage (including legal fees and costs) which they may suffer or to which they may be subj ected by reason of the administration of the Estate or the distribution of the assets of the estate without having formal approval of the Court of Common Pleas, Orphans' Court Division, of Cumberland County, Pennsylvania, or any other jurisdiction. 9. Do hereby agree that this Agreement may be signed and acknowledged by the parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of all parties, shall constitute an original and complete instrument. This instrument shall be legally binding upon the undersigned, their heirs, administrators and assigns. - 3 - IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on the 2/ S~aYOf ,2007. Witness Witness M/\ Da~d Wynne Francis ~SEAL) (SEAL) Steven Howell Francis (SEAL) Marie D. Francis, Executrix of the Estate ofRhys William Francis -4- IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on the ~ayof ~~ ,2007. (SEAL) Witness J&- David Wynne Francis ~~ (SEAL) Witness Steven Howel Francis (SEAL) Witness Marie D. Francis, Executrix of the Estate ofRhys William Francis -4- IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on the 3LdaYOf~2007 4~ Witness David Wynne Francis (SEAL) (SEAL) Witness ~ Witness Steven Howel FranCiSQ Mari'f!Je:.:: ~ecutn~ 1. (SEAL) Estate ofRhys William Francis - 4 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF xl~ SS: On this, the o? (4;;1 day of , 2007, before me, a Notary Public, in and for the Commonwealth of Penn ania, the undersigned officer, personally appeared DAVID WYNNE FRANCIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Receipt, Release and Indemnification and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ""7 ~:~~~AL) Public (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal ~vonne R. Durham, Notary Public City Of Hamsburg, Dauphin County My Commission Expires Aug. 20, 2009 Member, Pennsylvania Association of Notaries - 5 - STATE OF TEXAS SS: COUNTY OF On this, the ~ day of ~ , 2007, before me, a Notary ?/ Public, in and for the State of Texas, the undersigned officer, personally appeared STEVEN HOWEL FRANCIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Receipt, Release and Indemnification and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. -- (SEAL) My Commission Expires: (SEAL) JENNIFER WILLIAMS .... Notary Public, State of Tei My Commission E "PI:" December 09, 20!l' - 6 - STATE OF TEXAS SS: COUNTY OF On this, th~ day of -(Y)o. ~ ' 2007, before me, a Notary Public, in and for the State of Texas, the undersigned officer, personally appeared MARIE D. FRANCIS, EXECUTRIX OF THE ESTATE OF RHYS WILLIAM FRANCIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Receipt, Release and Indemnification and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1Yl~ 'cf;4tJ Notary Public (SEAL) My Commission Expires: I- I-OZ-CZ-a.o :'"1'" ..JUl.... ....IlY1l~- sW\:n ., ElITlOW -7- !. tiii ~ 7.{,\~~, RHOADS 1'''111'[ & SINON LLP Shawn D. Funk ph (717) 231-6671 fx (717) 232-1459 sfunk@rhoads-sinon.com FILE NO 10464/ I June 8, 2007 Re: Estate of Elsie Mae Francis PA File No.: 00834 of 2006 Ms. Glenda Farner-Strasbaugh Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Dear Ms. Farner-Strasbaugh: Enclosed for filing is an original Approval of Account, Receipt, Release and Indemnification along with a check in the amount of $25.00 to cover the filing fee. Please date stamp the copy of this letter, with the first page of the Approval attached, and return them to us in the enclosed envelope. Very truly yours, Enclosure cc: David W. Francis, Executor \, 653305.1 Rhoads &: Sinon LLP . Attorneys at Law' Twelfth Floor' One South Market Square' P.O. Box 1146 Harrisburg, PA 17108-1146 . ph (717) 233-5731 . fx (717) 232-1459 . www.rhoads-sinon.com