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Home My WebLink About03-20-08 -. ,.. ., , s :) n'"il if i~4 f; D '-", ,.L,;) <li,;\ .:: 0 /'11'::"'-" . "'_. (~L, CLEH,'-; OP;:'I-:A:\I<: I ,r:;-- C'II~;!.I-' : >' . '-"", COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06-0893 ------------------------------------------------------------------------------ EST ATE OF ELIZABETH K. BREWBAKER, DECEASED Late of Newville, P A ------------------------------------------------------------------------------ F AMIL Y SETTLEMENT AGREEMENT AND RELEASE OF NOLAN E. BREWBAKER, EXECUTOR Date of Death: July 20,2006 Letters Granted: October 12,2006 First Complete Advertisement of Grant of Letters: November 15,2006 Account stated to November 12,2007 John C. Oszustowicz, Esq. 104 South Hanover Street Carlisle, P A 17013 (717) 243-7437 , . AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among Nolan E. Brewbaker Executor of the Estate of Elizabeth K. Brewbaker Deceased, and Nolan Ezra Brewbaker, Norman Elmer Shughart and Judy Davis formerly Judy Mae Shughart WHEREAS, Elizabeth K. Brewbaker died July 20, 2006, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Elizabeth K. Brewbaker dated October 2, 1981 was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-06-0893 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to Nolan E. Brewbaker on October 12, 2006; and WHEREAS, said Executor has duly administered the estate according to the laws ufthe Commonwealth of Pennsylvania; and WHEREAS, in Item 4 B. of her Will, decedent devised and bequeathed the remainder of her estate to her children, Nolan Ezra Brewbaker, Norman Elmer Shughart and Judy Mae Shughart, in equal shares, share and share alike; WHEREAS, Nolan E. Brewbaker has 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. Beneficiary does hereby release and forever discharge Executor, from any and all liability which he had or may have or which may from time to time arise in connection with his service as Executor of the Estate of Elizabeth K. Brewbaker, Deceased, and hereby authorize and request the Orphans' Court Division to charge the same against his share of said estate, and in consideration for said distribution, hereby agree to refund any amounts so distributed ." 'r 1 may be required to fully discharge any tax liability of the estate, debts of the decedent, or administration expenses. 2. The 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 his respective heirs, successors, executors, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this s+-n day of tJ\QY~ ' 2001- CDllU(tx~~~H b,u( UZ-t5~ WI~ESS No~ Ezr~ewbaker, Executor ,/~~ JL~?/~ 6~ . Nolan Ezra Brewbaker, Beneficiary , t/' 17~ ~ r~~ Norman Elmer Shughart, eneficiary WITNESS 1:JJ fA .rf;d:;- WITNESS Judy Davis, l ,,' . LAST WILL AND TESTAMENT OF ELIZABETH K. BREWBAKER I, ELIZABETH K. BREWBAKER, of the Borough of Newville, Cumberland county, Pennsylvania, declare this instrument to be my Last Will and Testament, in manner and form following: 1. I hereby expressly revoke all Wills and Codicils ~ It. heretofore made by me. ....... "~llIl.WS"F""}i:"~i'<~;W1*~~.n~ri~iIlI~~lIl!!'~f~~~'t~~:*~'~; all my just debts, funeral and administrative expenses out of my estate, as soon as practicable after my death. 3. Should my husband, Elmer S. Brewbaker, survive me for a period of thirty days following my death, I devise and bequeath the remainder of my estate to Elmer S. Brewbaker. 4. Should my husband, Elmer S. Brewbaker, predecease me or die on or before the thirtieth day following my death, I devise and bequeath the remainder of my estate as follows: A. I give and bequeath the sum of One Dollar . ~ ($1.00) to my stepdaughter, Linda Darlene Brewbaker, i absolutely. i ..':-~''''''''Wm'_11L''lllUlUI~ . to my children, Nolan Ezra Bre\'Tbaker, Norman Elmer ' Shughart and Judy Mae Shughart, in equal shares, share and share alike; and to the issue, per stirpes, of any child who shall predecease me. 5. I nominate and appoint Farmers Trust Company, Carlisle, Pennsylvania, Trustee of the shar,e of any beneficiary who may be a minor. The incC?~e",erl:~~~~~~~n$~~~~;g~ s~.i,d trust may be accumulated or e~pended for the maintenance, education and support of such beneficiary as my Trustee in its sole discretion may determine; and my Trustee, in the expenditure of income and/ or principal for such purposes, may, at its discretion, apply the same directly without the:btt'ter:U;~;j;;i"9~,.,,,,~"~~:;,J::a::he same to any person having the care or control of said beneficiary or with whom the beneficiary resides, without duty on the part of the Trustee to supervise or inquire into the application of the of such income and/or principal shall be paid to such beneficiary upon reaching majority, or to such beneficiary's estate in the event of death prior thereto. 6. I nominate and appoint my husban~, Elmer S. Brewbaker, as Executor of this my Last Will and Testament; and as substitute '~ Executors I nominate and appoint my children, Nolan Ezra Brewbaker "'~'~~m~~~~~fJ~~p,_~~i>i3'~~~~i~btSJ:~~rt.. 7. I direct that my personal representative and Trustee, as well as their successors, shall not be required to file bond or security in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2 M day of October, 1981. A~~h rr'~kP (SEAL) WITNESS: ~(ll' f1/Jq~ I ~"" ~J!lUJ u. I_l!llI!Jm!.JnllLl.J-urllllll.~ COMMONWEALTH OF PENNSYLVANIA S8. COUNTY OF CUMBERLAND I, Elizabeth K. Brewbaker, Testatrix, whose name is signed to! the attached or foregoing instrument, having been duly qualified 'I' according to law, do hereby acknowledge that I signed and executed I i the instrument as my Last vlill, that I signed it willingly; and , 'i that I signed it as my free and voluntary act for the purposes i therein expressed. Sworn or affirmed to and acknowledged before me, by Elizabeth K. Brewbaker, Testatrix, this Z~ day of October, 1981. ~6'~L7r=~/~ ~ m statrix . 1\ H i' ,I i'<<'l~..:r~" ~ "'''~.:~: urrn7! 1=R. t"IOTA.RY PIIGLJC "~"""(; CDun'~~J C.Gr!i~1'er Pt, I\\Y C,'ie',ien Expires January 2I, 1983 - 2 - 4 . . CO~..MON1-JEALTH COUNTY OF CUHBERLAND We, Roger M. Morgenthal and Torn H. Bjetsch, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we I I I were present and saw Testatrix, Elizabeth K. Brewbaker, sign and I execute the instrument as her Last Will; t.hat she signed will- I ingly and that she executed it as her free and voluntary act for I t~e purposes therein. exp~essed; tha",:-bP;t;1lQ,~;,,;'H~"'];~1\~~1;t~'lI~~ slght of the Testatrlx Slgned the Wlll as wltnesses; an~tR~'~'~r--' the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by Roger H. Morgenthal and Torn H. Bietsch, witnesses, this "2 v-.J day of October, 1981. ~ !l~. 1/1 t7Iv~-'l---"-- i ness ( ~1J~~ \-Jitness '~!:::.. ~ ~ p .~~, , .;,. !~I,"I~.~~~'rrf.'l1lUPIIJ]_II~ m.l.u~m't.....dl.II~~ CIl.~u.\()'f\6r')\lnty CarlisI,., n ^ . . J ~,..., l(FJ I ;..:iun ExpIres anuary,[..1 f ," U ~ - 3 -