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HomeMy WebLinkAbout02-06-08 (2) IN THE MATTER OF THE ESTATE OF JOHN R. CODNER, DECEASED IN THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-06-1157 ESTATE SETTLEMENT AGREEMENT ( ) - C) . J ,: ... ~) i l ~ <4.::: THIS AGREEMENT, made as of this 3b - day of January 2008, ,...-", , ,~, \ ()\ WITNESSETH: - I: c,) ; ,- .. THE CIRCUMSTANCES leading to the execution of this Agreement'are as f~ws: 1. John R. Codner (the"Decedent") died testate on 18 December 2006 at 75 years of age, and Nancy M. Codner, qualified with the Register of Wills of Cumberland County, Pennsylvania, as Executrix (the "Executrix") of the Decedent's probate estate (the "Estate"). 2. Decedent's Last Will and Testament (the "Will"), which was admitted to probate, was executed by Decedent on 23 June 1999. 3. Article Two of the Decedent's Will provides for the distribution of Decedent's tangible personal property and real property, as follows: Section 1. Spouse Surviving. I give my automobiles, household and personal effects, and other tangible personal property of like nature (not including cash or securities), together with any existing insurance thereon, to my spouse, NANCY M. CODNER, if my said spouse survives me by thirty (30) days. 3. Article Three of the Decedent's Will provides for the distribution of the residue of Decedent's property, as follows: s Section 1. Beauest to Spouse. I give all the residue of my estate to my spouse, NANCY M. CODNER, if my spouse survives me by thirty (30) days. If my said spouse survives me, but does not survive me by thirty (30) days, I give to my spouse that amount, if any, which, when added to any property passing to my spouse by survivorship or beneficiary designation, or otherwise outside of this Will, is needed to reduce the federal estate tax payable on my estate to zero after full use of all other deductions and credits as finally determined for federal estate purposes (other than any credits the use of which would increase my total death taxes). Property distributed in kind in satisfaction of the amount deter- mined under the preceding sentence shall be valued as of the date of distribution. Any remaining amounts of my residue shall be distributed as provided in Section 2 of this Article Three. If my death and the death of my spouse occur under such circumstances that there is not sufficient evidence that we have died otherwise than simultaneously, and if my taxable estate as finally determined for federal estate tax purposes, but without application of this presumption, exceeds the taxable estate of my spouse, as similarly determined, my spouse shall be presumed to have survived me. My spouse shall have the right to disclaim all or any part of my estate bequeathed or devised to spouse hereunder, in which case said amount shall be distributed in accordance with the further provisions of this Will. 4. The Beneficiary desires to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylva- nia (the "Court"). 5. The Executrix joins in this Agreement to signify her agreement with the terms hereof as more particularly set forth hereafter. 6. The Beneficiary and Executrix desires to forever settle and compromise any and all claims and rights which they may possess, now or hereafter, in the Estate and to confirm their acceptance of the Informal Account (the "Account"), attached hereto as Exhibit "A" and incorporated herein by this reference, and the Schedule of Proposed Distribution (the "Schedule"), attached hereto as Exhibit "B" and incorporated herein by this -2- reference. The Beneficiary and Executrix desires that the distributions to the Beneficiary, as set forth in Exhibit "B", be in full satisfaction of her rights in the Estate. 7. The Beneficiary wishes to release the Executrix and to indemnify her against any and all claims that may be asserted against the Estate or the Executrix after the date hereof. The Beneficiary also desires to release the Executrix with respect to the waiver of a right to a formal adjudication of a First and Final Account of the Estate. 8. The Executrix is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiary and Trustee. NOW THEREFORE, in consideration of the foregoing and intending to be legally bound, the Beneficiary and Executrix, for themselves, their heirs, personal representatives, successors and assigns: 1. Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above are true and correct, to the best of their knowledge, information and belief. 2. Declare that they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and they do hereby waive the filing and auditing of the same. 3. Acknowledge that the distributive share or amount set forth on the Schedule shall be in full satisfaction of the Beneficiaries' entitlements under the Will. 4. Release, remise, quitclaim and forever discharge the Executrix, her heirs, personal representatives, successors and assigns, from and against all claims that they may, as legatees of the Estate, and in connection with the Estate, have, had, now has or may in the future have in connection with the Estate. 5. Agree to refund, on demand, all or any part of any aforesaid distribution, which has been determined by the Executrix, or by the Court, or by any court of competent jurisdiction, to have been improperly made. 6. Agree to indemnify and hold harmless the Executrix, her heirs, personal representatives, successors and assigns, from and against any and all claims, -3- loss, liability or damage (whether or not related to the negligence of the Executrix) that may hereafter be asserted against the Estate or against the Executrix. 7. Agree to execute such other or additional documents as may be necessary to effectuate the agreements set forth herein. 8. Acknowledge that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 9. Consent to the Court exercising personal jurisdiction over the Beneficiaries in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, the Executrix, and the Beneficiary have placed their hands and seals on the attached Consents to Estate Settlement Agreement. -4- CONSENT TO ESTA TE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION I, NANCY M. CODNER, individually and as an Executrix of the Estate of John R. Codner, hereby acknowledges, as Executrix, causing distribution of and, individually and as Executrix of the Estate of John R. Codner, acknowledge receipt of the assets of the Estate of John R. Codner, as set forth in the attached Estate Settlement Agreement, and I, individually and in my fiduciary capacities, hereby consent to and join in the Estate Settlement Agreement, including Exhibits, which has been provided to me. WITNESS ------=~--?" / ~ ~:~---- ---" ~-' ,// /' /' . }1 ~L~~;t:/~~ NANCY M. C NER COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND 3 ~- ~~~dDo8 On this, the 0 day of Novembe 07, before me, the undersigned officer, personally appeared NANCY M. CODNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereund~~.set my hand and official seal. COMMONWEALTH OF PENNSYLVANOA \ \ \' Q\. \"\ NOTARIAL SEAL \; J\\ I~ I MICHELLE E. BOYER-MILLER, Notary Public . , Camp Hill Bora., Cumberland County Notary Public My Commission_~~~p~es.f~~:u.arYd?_?' 2011 ~L EXHIBIT A mFORMALACCOUNTOFTHEEXECUTOR AND SCHEDULE OF DISTRIBUTION Date of Death: December 18, 2006 Accounting for Period: December 18, 2006 through January 31, 2008 -6- EXHIBIT A WFORMALACCOUNTOFTHEEXECUTOR AND SCHEDULE OF DISTRIBUTION TOTAL ASSETS: TOTAL ASSETS $ 535,435.30 12,895.00 2,000.00 272,657.82 118.120.00 $ 941,108.12 Vanguard Investment Account Personal property Railroad stock Jointly owned property Real property located at 38 Cardinal Drive LESS EXPENSES: TOTAL EXPENSES $ 6,674.07 4,557.31 $ 11,231.38 Funeral and administrative expenses Attorney fees AMOUNT TO DISTRIBUTE $ 929.876.74 DISTRIBUTIONS: Nancy M. Codner, Surviving Spouse $ 929,876.74