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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2006-00473
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Estate of Robert D. Hutton DECEASED
Late of South Middleton Township, Cumberland County, P A
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F AMIL Y SETTLEMENT AGREEMENT AND RELEASE OF
JANE M. HUTTON, EXECUTRIX
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Date of Death: May 15,2006
Letters Granted: June 1, 2006
First Complete Advertisement of Grant of Letters:
Account stated to
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Tricia D. Naylor, Esq.
104 South Hanover Street
Carlisle, PAl 7013
(717) 243-7437
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AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE
THIS AGREEMENT, by and among Jane M. Hutton, Executrix of the Estate of Robert
D. Hutton, Deceased and Jane M. Hutton, Robert D. Hutton, Jr., and William R. Hutton.
WHEREAS, Robert D. Hutton died May 15, 2006, testate, a resident of Cumberland
County, Pennsylvania; and
WHEREAS, the Last Will and Testament of Robert D. Hutton dated January 21, 1997,
was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as
appears of record at Number 2006-00473 (a copy of the Will is attached hereto and marked
Exhibit A); and
WHEREAS, Letters Testamentary were issued to Jane M. Hutton on June 1,2006; and
WHEREAS, said Executrix has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, Item Fourth of the Decedent's Will provides that after the Decedent's death,
the Decedent's Trustee shall invest and manage all the property not allocated to the Marital
Deduction Trust as a separate trust, referred to as the Residuary Trust, and make distributions as
follows:
A. Ifthe Decedent's wife, DOROTHY M. HUTTON, survives the Decedent, during her
lifetime: (i) The net income shall be paid to her in monthly or other convenient
installments; (ii) as much of the principal as the Decedent's trustee may from time to
time think desirable, taking into account funds available from other sources, for the
health, support, maintenance or education of the Decedent's wife or any of the
Decedent's children either shall be paid to that person or shall be applied directly for
those purposes. However, none of the principal of this trust shall be paid or applied
for the benefit of the Decedent's wife unless the principal of the marital deduction
trust has been exhausted; and (Hi) After the Marital Deduction Trust has been
exhausted (or after the Decedent's death ifno Marital Deduction Trust will be
established), the Decedent's wife shall have the right in each calendar year to
withdraw from the principal up to $5,000 at any time and, in addition, if she is living
on December 31 of any year, to withdraw up to 5% of the fair market value of the
principal determined on December 31 of that year (the amount subject to withdrawal
as of December 31 to be reduced by any prior withdrawals during that year, any rights
of withdrawals for a particular year to lapse ifnot exercised during that year).
B. Upon the death of Decedent's wife, if she survives him, or his death if he survives
her, the Trustee shall distribute the entire remaining principal of this Trust in equal
shares to the Decedent's children JANE M. HUTTON, of310 North Lime Street,
Apartment #4, Lancaster, Pennsylvania; ROBERT D. HUTTON, JR., of Box 185,
Hoonah, Alaska 99829; and WILLIAM R. HUTTON, of 1109 Furuhelm, Sitka,
Alaska 99835, per stirpes, and not per capita. Any income earned by the Trust as of
the date of the death of the Decedent's wife, and not yet distributed to her, shall be an
asset of her estate and shall be distributed in accordance with the terms of her Will.
WHEREAS, Decedent's wife, Dorothy M. Hutton predeceased the Decedent; and
WHEREAS, Jane M. Hutton, Robert D. Hutton, Jr. and William R. Hutton have been
furnished with a complete listing of the estate assets, receipts and disbursements; and
WHEREAS, it is the desire of the parties to this Agreement that final distribution of this
estate be accomplished without a formal accounting to the Orphans' Court Division of the Court
of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense,
delay and publicity of a formal accounting.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
recited herein, the parties do agree as follows:
1. Jane M. Hutton, Robert D. Hutton, Jr. and William R. Hutton do hereby release and
forever discharge Jane M. Hutton, Executrix, from any and all liability which she had or
may have or which may from time to time arise in connection with her service as
Executrix of the Estate of Robert D. Hutton, Deceased, and hereby authorize and request
the Orphans' Court Division to charge the same against their shares of said estate, and in
consideration for said distribution, hereby agree to refund any amounts so distributed
which may be required to fully discharge any tax liability of the estate, debts of the
decedent, or administration expenses.
2. Each party to this Agreement acknowledges that this Agreement shall be indexed and
recorded in the estate proceedings and that the terms hereof shall be binding upon their
respective heirs, successors, executors, administrators and assigns.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
DATED this
day of
, 2006.
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Jane M. Hutton, Executrix and
Beneficiary
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Robert D. Hutton, Jr., Beneficiary ~
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William R. Hutton, Beneficiary
Witness