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Home My WebLink About03-16-10COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-08-1042 ------------------------------------------------------------------------------ ESTATE OF CATHARINE E. MACCAFFRAY, DECEASED Late of Cumberland County, PA FAMILY SETTLEMENT AGREEMENT AND RELEASE OF JOHTv C vSZfuTSTOWICZ, EXECUTOR Date of Death: September 10, 2008 Letters Granted: October 17, 2008 First Complete Advertisement of Grant of Letters: November 6, 2008 Account stated to: January 18, 2010 ~.{I-l1 ,. -,~ -,,,,r-~ -,~-,rJ~l~ ~~3~~ ~ S ~ 11 ~~ 91 ~~W 0 ! ~Z 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 John C Oszustowicz, Executor and of the Estate of Catharine E. MacCaffray, Deceased and Catharine E. Bishop, J. Michael Bishop and Stephen G. Bishop. WHEREAS, Catharine E. MacCaffray died September 10, 2008, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Catharine E. MacCaffray dated August 23, 2006, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-08-1042 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to John C Oszustowicz on October 17, 2008; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in ITEM SECOND: of her Will, decedent gives devises and bequeaths the rest residue and remainder of her estate equally to her niece CATHARINE E. BISHOP of Annandale, Virginia, her nephew J. MICHAEL BISHOP of Belvedere, California and her nephew STEPHEN G. BISHOP of Champaign, Illinois. WHEREAS, all beneficiaries listed above are still living WHEREAS, Catharine E. Bishop, J. Michael Bishop and Stephen G. Bishop 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: 1. Catharine E. Bishop, J. Michael Bishop and Stephen G. Bishop do hereby release and forever discharge John C Oszustowicz, 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 Catharine E. MacCaffray, 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 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, Executors, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED t is ~ day of <,,.~(~ u _, 2010. John C Osz towicz, Executor C thari ' E. Bish , Benefici J. ' h 'l Bish ,Beneficiary S he G. Bishop, Benefic' ~- Witness ~o~ LAST WILL AND TESTAMENT OF CAT~ARINE G. MacCAFFRAY I, CATHARINE G. MacC~AFFRAY of Carlisle, Cumberland County Penns lvani Y a, being of sound and disposing mired, mein ry and understanding, do hereb make Y ,publish and declare this as and for my Last WiII and Testament, hereby revoking all other Wills and Codicils h eretofore made by me. FIRST ~ I direct the payment of my just debts and expenses of m la ' y st illness and funeral from my estate as soon after my death as conveniently may be done. If there be n o cemetery lot available for my interment owned by; me at the time of m death Y , I authonze, not order, my personal representatives to purchase; such cemetery lot •with a contract for e p rpetual care, using therefore funds from my estate in su amount as the shall consid Y er necessary and desirable, and I authorize my personal representatives to cause title to or owner ' slop of such lot so purchased to be i vested in such person as my~ personal representatives shall designate. Further, I authorize any personal representatives to expend funds from m estate in Y such amount as my personal repr~ sentatives shall c onsider necessary and desirable for the purchase erection and inscription of a suitable marker for my grave. SECOND I give, devise and be ueath all the rest, residue and remainder of m estate e Y qually to my niece CATHA]~INE E. BIS OP of Annandale, Virginia, my nephew J. MICHAEL BI SHOP of Belvedere, California and m~ nephew STEPHEN G. BISHOP of Champai Illinois. i lY In the event that ar~y/a11 of my nephews or niece shoul d decease unthout children of their own, his/her share shall be~given equally to my survivin ne g phews or niece. If any of my nephews or niece dies leaving survi 'ng children then his/her children shall re ' ceive their parent's share per stirpes. FOURTH ,~ I direct that any and) ail inheritance, estate and transfer taxe ' s imposed upon my estate passing under this Will or o herwise shall be paid out of the ' principal of my residuary estate. FIFTH In addition to the powers conferred by law, I authorize an y personal representatives act2ng under this instrument, in the~r absolute discretion: i A. To retain in the f rm received, or to sell eit her at public or private sale any real or personal pronertvi~ B. To exercise any o tions to subscribe for stocks, bonds or other investments; C. To join in any pla of lease, mortgage, consolidatio ex n, change, reorganization or foreclosure of any corporation in w ' i hich my estate or any trust may hold stocks, bonds or other securities D. To sell, transfer, convey, mortgage, pled a lease g , or exchange any property, real estate, for the payment of debts or taxes, or for any purpose of admi ' mstration or distribution, for su h prices and upon such terms as m erson Y p al representatives, in their sole discretior{, may deem wise, and to execute and deliver deeds of conveyance i or transfer thereof; j ;~,; i E. To make settlements and compromises on such terms as my personal re resentative ' P sin their sole disc I tion may deem wise without the ne cessity of obtaining any court approval there~f; F. 7'o make disti~~utions hereunder either in cash or kind, as my personal re resentatives P in their discret' n may deem wise. SIXTH I do hereby nomin te, constitute and appoint CATHERINE E. BISHOP, MICHAEL BISHOP and STEPHEN .BISHOP to act as Co-Executors, of this my Last Will and Testament. In Witness, Where~f, I have hereunto set my hand and seal this ~/fday ofJ~l~ 1997. a CATh[~~]~INE G. MacC FRA '; Signed, sealed, pub 'shed and declared by the above-named person as and for her Last Will and Testament, in our pres nce, who at said person's request, in said person's presence and in the presence of each other hav~ hereunto set our names as subscribing witnesses. WI S • -, WI SS We, CATh[~~RINE . MacCAFFRAY, Tip i C~ ~ dlllsarid .,~ U/-} N . C . ~ S~k S 7~ u.[ ~ C z`z the Testatrix and 'tnesses, respectively, whose names are signed to the foregoing instrument, being first duly worn, do hereby declare to the undersigned authority that the i Testatrix signed and exec I ed the instrument as her L ast Will and Testament and that she signed willingly, and that she exe uted it as her free and voluntary act for the purposes ex ressed therein P , and that each witness, in tl and to the best of their knc under no undue influence. ie presence and hearing of the Testatrix, signed the will as a witness wledge the Testatrix was 18 years old or older, of sound mind and ~~ CA G. MacCAFFRAY COMMONWEALTH OF P COUNTY OF SYLVANIA: Subscribed, sworn t and acknowledged before me by CATHA-~~INE G. MacCAFFRAY Testatrix, and~lG R 1~1 witness and ~ f~c~ ~' . ~ S~Gt S-I-~ ,~,~ ~ ~ ~~ ~' ,witness this I ~ day of.~k l , 1997. y