HomeMy WebLinkAbout10-08-09 (2)~-~-D7- Id~~
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ESTATE SETTLEMENT AGREEMENT ~',...~ ° ~~`
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THIS AGREEMENT is made this 1st day of October, 2009, by ~r'~ arFt$ng ; ~: -'
Kathleen M Bratic, Executrix, and Molly McCarty, Executrix, and benefician~s of theaid ~' ~'
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In accordance with their desire that the Executrix of the Estate of Elise M Mc~rrty
be terminated without the expense and delay of a court accounting, the parties hereto, in
consideration of the mutual covenants herein expressed, and intending to be legally
bound hereby, agree that:
1. The Estate of Elise M McCarty, who died October 28, 2007, is now in the
process of administration, Letters Testamentary having been duly granted to the
Executrixes by the Register of Wills of Dauphin County, Pennsylvania, on
November 7, 2007.
2. Under the provisions of the decedent's will her residuary estate was devised
and bequeathed unto her children, Kathleen M Bratic, Patricia K. McCarty,
Donald J McCarty and Molly McCarty.
3. The parties acknowledge that the Executrixes have received the assets and
made the payments set forth in the First and Final Account of the Executrix, a copy of
which is marked Exhibit A, attached hereto and made part hereof, and the parties
approve the said Account in its entirety.
4. The parties understand that they have a right to a court audit of the
account, and that they would have the right in such a proceeding to appear in person or
by counsel to state any objections they might have to the accounting or to the proposed
distribution.
5. As the parties have no objection to the account, and desire that the
proposed distribution be made without the expense and delay of a court accounting, they
waive the filing and auditing of the account of the court having jurisdiction over the estate.
6. The parties, and each of them, hereby forever fully releases, compromises,
settles and discharges any and all claims, demands, actions, or causes of action, legal or
equitable, absolute or contingent, vested or hereafter to accrue, which any of them may
have against any other party hereto or against the Estate of Elise M McCarty deceased,
or the Executrixes thereof, by reason of any matter, cause or thing growing out of or
relating to any act of the Executrixes in theirr Administration of said estate, even if
attributable to negligence.
7. The parties agree to execute such additional releases as the Executrixes
may submit to them in order to confirm their discharge from any further liability to the
parties in connection with the said estate.
8. This agreement shall be binding upon the parties hereto, their heirs, next-of-
kin, personal representatives and assigns.
IN WITNESS WHEREOF, the parties, intending to be legally bound, have set their
hands and seals the day and year above written.
Witness:
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Ka teen M Bratic, Executrix
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Molly cCarty, Executrix
Kathleen M Bratic, Beneficiary
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Patricia K McCa , Benefi ry
Donald J McCa , Bene ciary
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Molly cCarty, Beneficiary
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EXHIBIT A
ESTATE OF ELISE M McCARTY, DECEASED
Late of Upper Allen Township, Cumberland County
FIRST AND FINAL ACCOUNT OF
KATHLEEN M BRATIC, EXECUTRIX
MOLLY McCARTY, EXECUTRIX
Date of Death:
Letters Granted:
First Complete Advertisement:
Account Stated To:
October 28, 2007
November 7, 2007
PRINCIPAL RECEIPTS
TOTAL Receipts:
PRINCIPAL DISBURSEMENTS
Debts of Decedent
Funeral Expenses & Admin Costs
PA Inheritance Tax
Payments to Beneficiaries
TOTAL DISBURSEMENTS:
$442,944.00
$ 763.00
$ 904.00
$ 19,700.00
$421,277.00
$442,644.00
Undistributed Reserve Account $300.00