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HomeMy WebLinkAbout08-20-10r THE REt3iSTER OF WILLS, COUNTY OF CUMBERLAN©, CARLISLE, PA in Re: Ewe of Stanley J. Shenk} PA File No. 21-08-0913 File No. 2008-00913 Date of death: September',2, 2008 The undersigned, Wilmer 1. Shenk, 837 Cullers Road, East Dublin, GA 3102~;,Dwight D. Shenk 412 Cheesebrew Lane, Thurman, OH 45685; and David E. k, of -- :~? 4636 Rome Greenwich Road, Greenwich, OH 44837, are all the Co- ins ~~ ~- ~, connection with the above-referenced estate (collectively called the "C utdi'~" fra~t~ time to ltme), ~{ ~ -and- ~ ~ ~-~ Wilmer I. Shenk, 837 Cullers Road, East Dublin, GA 31027; Dwight D.~h nk 41~'i Cheesebrew Lane, Thurman, OH 45685; David E. Shenk, of 4636 Rome reenwich Road, Greenwich, OH 44837; Reba A. Shenk, of 19 Lesher Road, Newbu , PA 17240; Miriam F. Shenk, of 19 Lesher Road, Newburg,. PA 17240; Paul R. Shenk, of 490 East Main Avenue, Myerstown, PA 17067; Nathan H. Shenk, of 2082 Johnst Road, Utica, OH 43080; Eldon J. Shenk, of 340 Beagle Road, Lebanon, PA 17 2; and Elizabeth F. Weaver, 1044 Ridge Road, Shippen~urg, PA 17257 (col ' ely called the "8enefiaaries" from lime to time), are all the beneficiaries of the devaden# n connection with the above-n'4erenced estate, and desire tha# the administration of the late be concluded without the formality of a court accounting. The Co-Executors are willing to consent to such distribution upa~n r'eoeliof a proper release and indemnification, which it is the purpose of this Agreen~t! to ~ ide. !n consideration of the willingness of the Co-Executors to terminate the fate in accordance with the terms of the will without the protection afforded them, y a fom~al adjudic~ition of the account, the undersigned Beneficiaries, their heirs, ad 'nistrators and/or personal representatives do hereby: 1. Acknowledge that the undersigned are authorized to execute thin ~ ,and have read this Agreement and represent that the facts set forth herein are! and correct to the best of their knowledge, information and belief, and furth8r ~ owledge that they are familiar with the provisions of the will of the decedent; 2. Waive the filing of a formal account of the administration of this estee, in any court which has jurisdiction, in particular, the Office of the Curr~erland Cau~ty Register of '~ Wills; 3. Understand that the distribution is and still may be subject to the pa certain administration expenses; and accept and approve it with the same efi+ect as if it had been prepared and duly filed with, audited, adjudicated a absolutely by such court wtrich has jurisdiction over this estate, and, as if 1 had been awarded by said court in accordance with this Agreement; 4. Warrant that they know of no outstanding and unsatisfied claims and approve final distribution; 5. Absolutely and irrevocably release and discharge the CaExecutor~ pen3onal repnesentatives, successors and assigns, from any and all action daims and demands, induding specifically but not limited to liability arisin connection with any mistake of fact or law, or negligent or careless act or the Co-Executors in connection with the administration and distribution of a forrrs~l court accounting and adjudication; 6. Agree to refund to the Co-Executors such part or all of the amount ing distributed which may at any time be determined to have been an erronec> s distribution regardless of the cause of such error, even if attributable to negligence; 7. Agree that any period of limitation of actions for the collection for an erroneous distribution to them shall commence only at such time as the Co-Executors have obtained actual knowledge of such erroneous distribution and that in no event shall 'obligation to collect any erroneous distribution start earlier than the actual discovery eof by the Co-Executors; 8. With respect to any distribution which the Beneficiaries have recei~ receive upon execution of this Agreement, agree to indemnify and hold'hi Executors, their heirs, personal representatives, successors and assigns, liability, loss or expense (ihduding but not limited to costs and counsel fe any cause whatsoever, which may be incurred by the Co-Executors as a ~ administration of this estate or distribution in accordance with this Agrees but not limited to, any liability for any federal estate tax, Pennsylvania inh any other death taxes and federal and state income taxes, together with E costs incidental thereto, relating in any way to the estate and also indudii limited to, any assets received or paymerrts or distributions made by teals negligence or mistake of fact or law; ant of ce and confim~ed distribution the estate their heirs, ~, liabilities, in mission by assets, without or will less the Co- Htn any arising from ult of the ~ 'including, shoe tax or irhterest and but not of any 9. Agree that this Agreement shall be governed by the laws of the Comrhonwealth of Pennsylvania; 10. Agree that this Agreement is the entire and only agreement between the ~~ Beneficiaries and Co-Executors, and any changes or additions to this Agreement must be made in writing and executed by the parties hereto; 11. Agree. that this Agreement is binding on the parties hereto, their heirs, personal representatives, sucx.essors and assigns, as the case may be; 12. Agree that in the event any part of this Agreement is construed a~ unenforceable, the remaining provisions of this Agreement shall be in full rce and effect, and er>foroeable as though the unenforceable part or parts were no included; 13. Acknowledge that the Beneficiaries have received their entire shy estate, to wit, the tools have been distributed 1/8th each to Wiirner I. She Shenk ,David E. Shenk, Reba A. Shenk, Miriam F. Shenk, Paul R. Stain Shenk, Eldon J. Shenk, Elizabeth F. Weaver, and the farm located at 19 Newburg, PA 17240, cattle, equipment, vehicles, and household items h+ distributed equally to Reba A. Shenk, Miriam F. Shenk either prior to or s with their execution of this Agreement, and they have been inforrned by 1 of all expenses and debts of the estate. IN WITNESS WHEREOF, the undersigned agree to be bound hereby caused this Agreement to be signed this day of June, 2010. Witness t y r, .Y/~ ~,e~,,. a(.dG..G from the c, Dwight D. Nathan H. usher Road, e been Co-Executors have Reba A. hen Miriam F. Shenk F. Weaver