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HomeMy WebLinkAbout06-11-09d, ~ ~ ran i~7 .. • . ~ 3 _ ~t --- _ ,~ ~.... COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-08-0377 ESTATE OF MARION R. F. LOWER, DECEASED Late of Cumberland County, PA FAMILY SETTLEMENT AGREEMENT AND RELEASE OF JANE L MAJESKE, EXECUTRIX Date of Death: March 4, 2008 Letters Granted: May 27, 2008 First Complete Advertisement of Grant of Letters: June 24, 2008 Account stated to: June 8, 2009 John C. Oszustowicz, Esq. 104 South Hanover Street Carlisle, PA 17013 (717) 243-7437 AGREEMENT TO INDEMNIFY, RECEII'T, AND RELEASE THIS AGREEMENT, by and among Jane L Majeske, Executrix of the Estate of Marion R. F. Lower, Deceased and Jane L Majeske. WHEREAS, Marion R. F. Lower died Mazch 4, 2008, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Marion R. F. Lower dated September 13, 1987, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-08-0377 (a copy of the Will is attached hereto and mazked Exhibit A); and WHEREAS, Letters Testamentary were issued to Jane L Majeske on May 27, 2008; and WHEREAS, said Executrix has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in ITEM FIRST Paragraph B 1. of his Will, decedent gives one-half to his daughter, Jane Lower Majeske, if she is living 30 days after his death. WHEREAS, in ITEM FIRST Paragraph B2. of his Will, decedent gives one-half to the trust created in sub-paragraph A. WHEREAS, in ITEM FIRST Paragraph A of his Will, decedent states If my wife, Annabel R. Lower, is living 30 days after my death I give my entire estate to Farmers Trust Company of Cazlisle, Pennsylvania in trust, to invest and reinvest the same, to collect the income, and after paying all expenses incident to the management of the trust, to use and apply as much of the net income and principal as may be necessary in the sole discretion of my trustee for the equivalent of an undergraduate collegiate education of the children born to my daughter, Jane Lower Majeske. The balance of principal and any accumulation of income remaining in the hand of my trustee shall be paid to my daughter, Jane Lower Majeske, whenever my trustee, in its sole discretion, decides such children have had the opportunity to have the equivalent of an undergraduate collegiate education, whichever comes first. WHEREAS, all children born to Jane Lower Majeske have had the opportunity to obtain the equivalent of an undergraduate collegiate education. WHEREAS, Jane L Majeske, has been furnished with a complete listing of the estate assets, receipts and disbursernients; 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 L Majeske, do hereby release and forever dischazge Jane L Majeske, 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 Marion R. F. Lower, Deceased, and hereby authorize and request the Orphans' Court Division to chazge the same against her share of said estate, and in consideration for said distribution, hereby agree to refund any amounts so distributed which may be required to fully dischazge 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, executrixes, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. TED this Il ~ day of ~- , 2009. V~uJ^/ 1~ Witness J e Majeske, Executr~f r J e L Majes e, enefi _ _ _ ___ _ WILL I, Marion R. Lower make this my last will and revoke all wills and codicils to wills heretofore made by me. FIRST: A. If my wife, Annabel R. Lower, is living 30 days after my death I give my entire estate to Farmers Trust Company of Carlisle, Pennsylvania in trust, to invest and reinvest the same, to collect the income, and after __ paying all expenses incident to the ~ahage , apply as much of the net income and principal as may be necessary in the sole discretion of my trustee for the equivalent of an undergraduate collegiate education of the children (presently consisting of Matthew William Majeske, Julia Marie Majeske, and Audrey Jean Majeske) born to my daughter, Jane Lower Majeske. The balance of principal and any accumulation of income remaini~ - I` d ,"" ee,~shall be paid to my daughter, Jane Lower s~.:, ~'ux~~_, liaje~ce,y. , ``its sole discretion, decides such children have had the opportunity to have the equivalent of an undergraduate collegiate education, whichever occurs first. My trustee may, in the exercise of its without the need to consider the ability of such children or their parents to pay for such education, and without the intervention of a guardian. The receipt of such person as may be selected by my trustee to disburse such payments shall be a sufficient acquittance. Neither the principal nor the income bequeathed under this trust or will shall be assigned or anticipated by the beneficiaries named therein, nor shall the same be subject to attachment or exception in the. hands of my trustee or executor. If my daughter, Jane Lower Majeske, is not living when this trust is terminated I give the principal of said trust, accrued or otherwise to my grandchildren, presently consisting of Matthew William Majeske, Julia Marie Majeske, and Audrey Jean Majeske. B. If my wife, Annabel R. Lower, is not living 30 days after my death I give $500.00 to Gettysburg College, Gettysburg, PA., and the remainder of my estate as follows: Marion R. Lower ~ ~/ ~ _ ~~( Date 1. 1. One-half to my daughter, Jane Lower Majeske, if she is living 30 days after my death. 2. One-half to the trust created in sub-paragraph A. above. 3. If neither my wife, Annabel R. Lower nor my daughter, Jane Lower Majeske, is living 30 days after my death I give my entire estate to Farmers Trust Company of Carlisle, Pennsylvania, in trust for the education of my grandchildren under the same terms and conditions as the trust provided ,..... . ,~~~;, 'for in sub- SECOND: Some of the powers and duties of my trustee shall be: 1. Payments by my trustee or its successors for the general welfare or education of such beneficiaries may be sprinkled by it among them or on their behalf in such proportions, equal or unequal, as my trustee shall deem advisable in its absolute discretion. My trustee is under no obligation to make equal payments for such beneficiaries. 2. My trustee shall operate said trust as it sees fit in its sole discretion, and shall not be bound by any statutory or other legal restrictions, including but not limited to investments, now or hereafter in effect. It in any jurisdiction. 3. I authorize my trustee to exercise the following powers applicable to all items of principal or income to be exercised in its sole discretion until actual distribution of all property: (a) To retain any real and personal property which may at any time form part of this trust, including stock of the trustee, without regard to any principle of diversification, risk or productivity. (b) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments _ autho ~ ' "" .er~,iithout regard ~.... ,,. ~~rt .... to any principle of diversification, risk or productivity. (c) To invest in any common trust fund maintained by trustee. Marion R. Lower Date 2. as (d) To keep reasonable amounts of cash in bank uninvested, if deemed advisable for the protection of principal. (e) To purchase investments at premiums; to charge premiums to income or principal or partly to each. (f) To subscribe for or to exercise options for stocks, bonds, or other investments; to join in any plan of lease, mortgage, merger, consolida- tion, reorganization, foreclosures or voting trust and to deposit securities ~,.~, thereunder; and generally to exercise all the rights of security holders or employees of any corporation. (g) To register securities in the name of a nominee or in such manner that title shall pass by delivery. (h) To vote securities in person or by proxy, and in such connection to delegate discretionary powers. (i) To repair, alter, improve or lease, for any period of time, ary real or personal property and to give options for leases. (j) To sell at public or private sale, for cash or credit, with or without security, to exchange or to partition any real or personal property _._ (k) To borrow money from any person, including my trustee and to mortgage or pledge any real or personal property forming part of this trust. (1) To compromise claims. (m) To add to the principal of this trust any real or personal property received from any person by deed, will or in any other manner. (n) To make distribution in cash or in kind or partly in each. (o) To exercise all power, authority, and discretion given by this instrument after the termination of this trust until the same is fully distributed. (p) To modify and renegotiate any Agreements for the sale of any business interests or for the sale of any real or personal property forming part of this trust or to waive provisions of any such agreement. Marion R. Lower Date 3. .: ,.. ,.. .1- :, _. ;..>,: _a. , ~ ~ .. ....a i r ~ + r;...:, (q) To purchase insurance on the life of any beneficiary and to pay premiums on the same out of income or principal whenever and to such extent as my trustee in its sole discretion, deems advisable. (r) To allocate receipts and expenses to principal or income or partly to each as my trustee from time to time thinks proper. (s) To exercise any option, right or privilege granted in insurance policies or in other investments. nnabel Rice4Lowery ~ ~ ~A=,_ .« , __ i FOURTH: I appoint my beloved wife, A " executrix to settle my estate. If she fails to qualify or ceases to act as such I appoint my beloved daughter, Jane Lower Majeske, executrix to settle my estate. If she, in turn fails to qualify, or ceases to act as such, I appoint Farmers Trust Company of Carlisle, Pennsylvania, executor to settle my estate. r3 1987 ~~ ~.~.~,,~ F rte. ~ ~-~- Marion F.R. Lower Signed, sealed, published, and declared by Marion F.R. Lower, the within named testator, as his last will in the presence of us, who, in his presence and the ~ . ~ __ _ .. _ _._~. presence of each other, Fiave f~ereunto set our signatures as subscrib~n witnesses thereto. ~~~~r.~'~ =~ ,~~'~, ~. ~~ 4. _,. _ ,f.,, ___ ~~