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HomeMy WebLinkAbout10-23-08Y~ •.\r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISIGN NO. 21-07-1020 ~~ ` ~ r='x ESTATE OF ELMER S. BREWBAKER, DECEASED ~ -' A ---~ r~-~ Late of Newville, PA ~-> ~, ~. _ , -- - -- -a) c..3 _. - ;; _. ,- ~; --- FAMILY SETTLEMENT AGREEMENT AND RELEASE OFzs --` ~,,, NOLAN E. BREWBAKER, EXECUTOR ~' Date of Death: May 5, 2005 Letters Granted: November 8, 2007 First Complete Advertisement of Grant of Letters: November 30, 2007 Account stated to February 4, 2008 Tricia D Naylor, Esq. 104 South Hanover Street Carlisle, PA 17013 (717) 243-7437 ~•' .. AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among Nolan E. Brewbaker Executor of the Estate of Elmer S. Brewbaker Deceased, and Nolan Ezra Ste, Norman Elmer S~cand Judy Davis formerly Judy Mae Shughart ~1Nb0.~,~ WHEREAS, Elmer S. Brewbaker died May 5, 2005, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Elmer S. 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 21-07-1020 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to Nolan E. Brewbaker on November 8, 2008; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in Item 4 B. of his Will, decedent devised and bequeathed the remainder of his estate to his 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 Elmer S. 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 which -. ~ ..w 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 ~ ~ day of M(,~yC~ , 2008./J Nolan Ezr Brewbake Executor ~~ Nolan Ezra Brewbaker, Beneficiary Norman Elmer Shughart, eneficiary r d Mae Sh y Davis, Beneficiary WITN SS ~' WITNESS i r~-~._ 4 LAST WILL AND TESTAMENT OF ELMER S. BREWBAKER I, ELMER S. BREWBAKER, of the Borough of Newville, Cumberland County, Pennsylvapia, declare this instrument to be my Last Will and Testament, in manner and form following: 1. I Hereby expressly revoke all Wills and Codicils .~,. 2.~ I hereby direct my Executrix to pay all my just debts, funeral and administrative expenses out of my estate, as soon as practicable after my death. 3. Should my wife, Elizabeth K. Brewbaker, survive me for a period of thirty days following my death, I device and bequeath the remainder of-my estate to Elizabeth 'K. Brewbaker. 4. Should my wife,. Elizabeth `K. Brewbaker.., predecease me or die on or before the triirtieth 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 daughter, Linda Darlene Brewbaker, absohutely. ~ Norman Elmer Shughart and Sudy Mae Shughart, in equal shares, share and share alike; .and to the issue, per stirpes, of any child or stepchild who shall predecease me. 5. I nominate and appoint Farmers Trust Company, Carlisle, Pennsylvania, Trustee of the share of any beneficiary who may be a minor. The income and/or principal of sa'id' trust may be accumulated or expended 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 th.e ~~ ', same directly without th.e intervention of a guardian or pay the . v. ... ,, - .. .. . s~fi~ n .. . or with whom the beneficiary resides, without duty on the part of the Trustee to°supervise or inquire into the application of the funds by any person to-whom airy payment is so made: 'the balance . ~ - .. F ~~~ 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 wif e„ Elizabeth. K. Brewbaker, as Executrix of this my Last Will and Testament; and as substitute .Executors T nominate and-appoint my spn, Dolan Ezra ,. Mae S2iughart. 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 vti,a~ day of October, 1981. /rs~~' v~p..r~.i"~ (.SEAL ) -° lm r S . Brewbaker ' WITNESS: COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUPiBERLAND I, Elmer S. Brewbaker, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge: that I signed and executed the instrument as my Last Will, that I signed it will- ingly; and that T signed it as my.free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, by Elmer S. Brewbaker, Testator, this .2w~ day of October, 1981. S~ ~ ~ ~~~~t . ~ ,~s~ r .. '.. QJt~-t.d ~• ~ - i ~ ~. _ ~ ! ^ ^i1C'F F. --'~ER.T7..L.FR,'NOTA•RY,pfJF3LtC'- ~ •' - ~ ~~rYi-~rr!r)-~.~ ~O11Y1~ Carlisle, PA r'~"•;' Cammision Expires January X27, 1983 2 - COMA40NWEALTH OF -.PENNSYLVANIA .,: COUNTY OF CUMBERd, ~ - _ . _. We, Roger M. l~lorgenthal and Tom H. Bietseh,. the witnesses whose names are signed to. the attached or foregoing instrument, being duly qualified. according to law, do depose and say that we were present and saw .Testator,.Elmer.S. Br.ewbaker, sign and execute the .,instrument. as his Last Will; that he signed will- ingly and that he executed it as his free and voluntary act for ,•. , the purpose •there:~n ;.ex . , '. , sight of the Testator •' i 'i ,_ the best of our knowledge the Testator 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 M. Morgenthal arid. Tom H': Bietsch, witnesses, this ?~-•.,A, day of ~,.~ 19 81. ~a . . ~~J ~ Wtoss ' • ..1 A c`!e~! f