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HomeMy WebLinkAbout11-17-08COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-07-0786 n c ?p ~ ° 1 ~' -~. _, ESTATE OF RUTH B. GRUSCHOW DECEASED ` ? ~ `~~ ~ -~` , Late of South Middleton Township PA , ~ ~ - -'>' ~ , .. _ _ ~~ .~- _~ FAMILY SETTLEMENT AGREEMENT AND RELEASE OF ROBERT F. GRUSCHOW, ADMINISTRATOR C.T.A. Date of Death: May 25, 2007 Letters Granted: October 18, 2007 First Complete Advertisement of Grant of Letters: November 12, 2007 Account stated to :September 10, 2008 John C. Oszustowicz Esq. 104 South Hanover Street Carlisle, PA 17013 (717)243-7437 AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among Robert F. Gruschow, Administrator C.T.A.of the Estate of Ruth B. Gruschow Deceased and Robert F. Gruschow, James Gruschow, Ruthann Gerdes and Matthew Gruschow. WHEREAS, Ruth B. Gruschow died May 25, 2007, testate, a resident of Cumberland County, Feruisyivania; and WHEREAS, the Last Will and Testament of Ruth B. Gruschow dated December 14, 1987, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-07-0786 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Administration C.T.A. were issued to Robert F. Gruschow on October 18, 2007; and WHEREAS, said Administrator C.T.A. has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in FIFTH of her Will, decedent directed Administrator C.T.A. to give, devise and bequeath the rest and residue of her estate to her four children, James Gruschow, Robert Gruschow, Matthew Gruschow and Ruthann Gerdes in equal shares. WHEREAS, James Gruschow, Ruthann Gerdes, Matthew Gruschow and Robert Gruschow 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: James Gruschow, Ruthann Gerdes, Matthew Gruschow and Robert Gruschow do hereby release and forever discharge Robert F. Gruschow, Administrator C.T.A., 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 Administrator C.T.A. of the Estate of Ruth B. Gruschow, 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, administrator C.T.A.s, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this ~ day of r~/o y~~tsyG~. 2008. ~j , Witness Robert F. Gruschow Administrator C.T.A. Witne s Rob Gruschow, Beneficiary wi Witness ~~~~-b~ ~~~ G~ ~~"~-~~ ,Beneficiary ames Gruschow, Beneficiary C~~p~( ~~tt~t ~1 ~rt~ ~e~#~z~te~t# I, RUTH B. GRUSCHOW , of C171 A Pocono Country Place Tobyhanna, Pennsylvania, 18466-9599, do hereby make, publish and declare this to be my Last Will and Testament. FIRST: I hereby revoke all other Wills, Codicils to Wills and papers Testamentary, made by me at any time heretofore. SECOND: I direct that all of my just debts, the expenses of my last illness and funeral expenses, including the cost of an appropriate marker for my grave, be paid as soon as practicable after my decease. THIRD: T direct that all of my estate, inheritance and succession taxes of every kind imposed by the laws of the United States of America or by the laws of any State or Territory thereof, shall be assessed against or which shall be payable in respect of, any property constituting a part of my gross taxable estate, whether or not disposable of by or passing under this my Will and all interest and penalties, if any, on or in respect to any such taxes, shall be paid by my Executor as part of the administration expenses of my estate and shall not be apportioned. FOURTH: I give, devise and bequeath all of my property, both real and personal, of every nature and wherever situated, in which I may have any interest at the time of my death or over which I have a power of appointment, including without limitation, all property acquired by me or to which I may become entitled after the execution of this Will, to my beloved husband, FRANCIS HOWARD ~ GRUSCHOW, absolutely and without restriction, if he survives me. FIFTH: In the event my husband, FRANCIS HOWARD GRUSCHOW, does not survive me, I give, devise and bequeath the rest and residue of my estate to my four children, JAMES GRUSCHOW, ROBERT GRUSCHOW, MATTHEW GRUSCHOW an$ RUTH ANN GERDES in equal shares. SIXTH: Without limitation of the powers which are now or may hereafter be conferred by law upon my Executor with respect to my estate and each other fund (wh'ether composed of principal or accumulated income) held or administered hereunder, shall have the following powers, which shall be exercisable at any time and from time to time until final distribution and settlement of my estate shall have been completed. A. To sell at public or private sale, to exchange for other property of any kind and to lease for any term or terms any property, real or personal, owned by me at the time of my death or any time received or held hereunder, for such considerations, in cash or on credit, secured or unsecured upon such other terms and conditions as it shall deem proper; and to accept and retain as a proper investment hereunder whether or not it be of the character authorized by any law for the investment of my estate, any property received on any such exchange and any evidence of indebtedness or interest resulting from any such sale or lease. . ,, 1 -2- B. To retain any property received by the, without regard to any principle of investment diversification. C. To invest in all forms of property, without restriction to investments authorized by law. D. To operate any business; to cause or join in any incorporation, partnership, recapitalization, merger, reorganization, or liquidation; to deposit investments under agreements and pay assessments; to delegate discretionary authority with respect to any of such actions and generally to exercise all rights of investors; to elect, employ and compensate any person, including an individual fiduciary yr beneficiary hereunder as an officer, director, partner or employee or any business. E. To compromise controversies. F. To borrow money, including the power to borrow from any corporate fiduciary, and to mortgage or pledge as security. G. To use principal or income to which any adult beneficiary is entitled for his or !'ier comfort and support if they deem such beneficiary incapable of receiving the same by reason of illness or any infirmity or incapacity, and in exercise of the foregoing or any other power hereunder to use principal or income for a beneficiary, to apply the same directly, to pay it to any person they select to disburse funds for the beneficiary's exclusive benefit, or to pay it to the beneficiary notwithstanding minority. H. To hold investments in the name of a nominee. ~... f~- ,. C -3- I. To employ legal counsel, investment counsel, brokers, custodians, accountants and other agents .who are employees and to determine and pay to them such compensation as my Executor shall deem reasonable. SEVENTH: No beneficiary may assign or transfer his or her interest hereunder and no person with a claim against a beneficiary may reach any such interest until it is distributed to the beneficiary. EIGHTH: .Any beneficiary, under this Will and Testament, who dies at the same time as I, within fifteen (15) days of me or under circumstances wherein it shall be difficult or impossible to determine who died first, shall be deemed to have predeceased me for the purposes of this Will.. NINTH: I hereby appoint my beloved husband, FRANCIS HOWARD GRUSCHOW, as Executor of this Will. TE-NTH: In the event that FRANCIS HOWARD GRUSCHOW does not act or continue to act as Executor, I appoint JOHN JOHNSON as Substitute Executor, with the same powers and duties. ELEVENTH: I direct that said Executor or substitute Executor, shall serve without bond or security. TWELFTH: I further state that my husband and I hereby make mutual wills in favor of one another with the understanding and on the condition that neither of us will revoke the last will and testament by us, this day, duly made and executed or change any of the provisions herein contained, without the written consent of the other. r' ~. +... -4- IN WITNESS WHEREOF, I sign, seal, publish and declare this as my last. will and testament in the presence of the persons witnessing it at my request this ~"~ day of ~Gc•~rr+'3~rZ.. 1987. • `:. ,' RUTH B•.• GRUSCHOW ~ r, FRA CIS HOWAR GRUSCHOW -5- This Will, consisting of nine (9) typewritten pages, each page identified by the signature of the said RUTH B. GRUSCHOW on the margin thereof, was signed, sealed, published and declared by the said RUTH 8. GRUSCHOW, as and for her Last Will and Testament and also signed by her husband, FRANCIS HOWARD GRUSCHOW, in the presence of us who were present at the same time, and who, thereupon, at their request, in their presence and in the presence of each other, have hereunto subscribed our names as witnesses. l , ~~~-} ~ ~!~~-~'.-K ~~t ~,~ residing a t ~ G_ .^c~ ,, C f ~- ~ ~' ..~;.: {. /~ --7 ~-~~ ~-~.~ ~y~ ~ residing a Q'~~~...s~ ;=ay` ~. residing at ~p 1 ;~~. h Y' k -6- COMMONWEALTH OF PENNSYLVANIA COUNTY OF PIKE SS. I, FRANCIS HOWARD GRUSCHOW, 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 and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. .. ,. y FRANCIS HOWARD G USCHOW Sworn or affirmed to and acknowledged before me, by FRANCIS HOWARD GRUSCHOW, the Testator, this ~'y/ day of ,7jC.~ 1987, Notary P lic MICHA~l.:~AF3Rtf,, JR., td z, d1"y ?t;BltC COOIB;;i1Gf~ TlN°., rl0~i:~vE +~Ul1N7Y MY COMA4IS~ION E1(~tRE~S Af'RI!l., 1 °f~S M1'1e(~l~er, PerAn.<.4L~an~a Nssociation o1 ryc'iarr:; s.. ,^-, -~- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PIKE I, RUTH B. GRUSCHOW 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 willingly and that I signed it as my free and voluntary act for the purposes therein expressed. ~ /' , RUTH B. GRUSCHOW Sworn or affirmed to and acknowledged before me, by RUTH B. GRUSCHOW this ~y day of ,aee_ , 1987. ~.,-~P~/~.-rte Notary Pu-Glic MICNAFt sa$rrrc, ~~., T coot~ruorr rw~., rh; r~o`,~;>Y ~r~;trc MYCOM~y;;S'tl~. ~ J,YYiri;Ul!!r1y MemGer, Penns , JN ~".PiRf.S APRI! n'1~ he, -8- COMMONWEALTH OF PENNSYLVANIA . COUNTY OF PIKE . SS. We, m.~}c.ic.~ ~QowJ/ , ~~~-+NR ig. $ Ft~-t,c. , and QEBcRAH Jxf'~L2AKF_N , 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 sign and execute the instrument as his Last Will and Testament; that FRANCIS HOWARD GRUSCHOW signed willingly and RUTH B. GRUSCHOW executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~_ ~_ ,~` Witness Witness l ~. Witness Sworn or affirmed to and subscribed to before me by ~ Y - l7 ~c~k ,c9.,_ - and witnesses, this day of 1987. .,,~ ~ •... ,. - ~_ . r.. ~..f~ ~ Notary Pu is ,'_. MtCNP,CL SRBkEC, JR., F,CT'a, m:~ IWY f: (IM ~~'' ,if;iU fXPfRF.S r't?'RI! 2, 19;:.+ Me~nber, f~enr+xIs~.~n!a r~S~~;r'18i[Ur! Uf .~'I;; -9-