HomeMy WebLinkAbout09-17-10 (2)
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ESTATE OF BRENDA M. YOUNG ~~~ ~ ~,
CUMBERLAND COUNTY, PENNSYLVANIA ~~~ -..~ r~= `j
ESTATE NO. 21-09-0785 -,r..} t -.;-:_.
HEATHER S. DRAVK AND JAMES D. YOUNG, III, CO-EXE ~~S x" _'
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WAIVER OF ACCOUNT, RECEIPT, ~ p , t:`-
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RELEASE AND AGREEMENT OF INDEMNITY ~"~
I, JAMES D. YOUNG, III, the undersigned, a residuary beneficiary in
the above-captioned estate, have periodically received and examined
statements of income and principal cash receipts and disbursements or
have been afforded an opportunity to examine a final accounting, being
informal or otherwise, and have agreed to waive an accounting of the
administration of the subject estate or the filing of such an account
for court audit.
Therefore, the undersigned, intending to be legally bound and in
consideration of the immediate termination of the subject estate and
distribution to the undersigned of the corpus thereof, without the
delay incident to the preparation and submission of an accounting of
the administration of the estate as aforesaid, hereby:
A. Represents and warrants that the undersigned has read and under-
stands this instrument and that the facts set forth above are
true and correct to the best of the undersigned's knowledge,
information and belief.
B. Waives the filing of an accounting of the administration of the
estate before the court having jurisdiction over this estate.
Declares that the undersigned has received and examined the
periodic statements of income and principal cash receipts and
disbursements or has been afforded an opportunity to examine a
final accounting, being informal or otherwise. The undersigned
finds them to be correct in all particulars and accepts them and
approves them, as if a complete income and principal accounting
had been duly filed, audited, adjudicated and confirmed abso-
lutely by the court having jurisdiction over this estate.
C. Requests the above-named fiduciaries to make distribution of the
balance shown on the attached sheet and, effective upon delivery
to the undersigned of the amount shown as distributable, acknowl-
edges receipt of such property.
D. Agrees to refund to the above-named fiduciaries any amount which
may at any time be determined to have been an erroneous distribu-
tion to the undersigned regardless of the cause of such erroneous
distribution. Agrees that any period for the limitation of
actions and the collection of any erroneous distribution to the
undersigned shall commence only at such time as the above-named
fiduciaries shall have obtained the actual knowledge of such
erroneous distribution and that in no event shall the period for
collection of an erroneous distribution be less than two (2)
years after the actual discovery thereof by the above-named
fiduciaries.
E. Absolutely and irrevocably remises, releases, quit-claims and
forever discharges the above-named fiduciaries, in their fidu-
ciary and individual capacities, from any and all actions, suits,
payments, accounts, reckonings, liabilities, claims and demands
relating in any way to the administration of the estate.
F. Agrees to indemnify and hold harmless, to the extent of the funds
received by the undersigned hereunder, the above-named fiducia-
ries, in their fiduciary and individual capacities, from and
against any and all claims, losses, liability or damage (includ-
ing legal fees and costs in connection therewith) which the
above-named fiduciaries may suffer or to which the above-named
fiduciaries may be subjected by reason of their administration of
the estate, the settlement of their account and a distribution of
the assets of the estate without having the formal approval of
the court having jurisdiction over this estate.
G. Declares it to be the undersigned's intention that this instru-
_ mPnt s~l~~-~~rned~y the laws _of Pennsvlvania and_ shall_be __ ____
legally binding as an agreement upon the undersigned and upon the
undersigned's heirs, executors, administrators, successors and
assigns.
Executed this ~~~~ day of Se~ i'U'~~'~r 2010.
.. _- ~-- ( SEAL )
JAMES D. YOUNG, II
COMMONWEALTH OF PENNSYLVANIA .
SS.
COUNTY OF CUMBERLAND
15 f~~ day of S~ p ~~~ ~~~ 2010, before
On this, the
me, the undersigned officer, personally appeared JAMES D. YOUNG, III,
known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument and acknowledged that he executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunt set my hand a official
seal.
Notary Public
My Commission Expires:
COMMONWEALTH Of PENNSYLVANIA
NOTARIAL SEAL
BETH B. LENGEL, NOTARY PUBLIC
SHIREMANSTOWN BORO., CUMBERLAND COUNTY
MY COMMISSION EXPIRES DEC. 12, 2011
ESTATE OF BRENDA M. YOUNG
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE NO. 21-09-0785
HEATHER S. DRAVK AND JAMES D. YOUNG, III, CO-EXECUTORS
I, JAMES D. YOUNG, III, acknowledge receiving the following cash
and/or assets, in satisfaction of my rights under the estate:
4/7/10 Personal property $ 1,362.50
4/27/10 Transfer of Funds from Morgan $208,863.63
Stanley Smith Barney Investment
Account
4/29/10 Advancement $ 20,000.00
9/15/10 Distribution S 6,223.04
TOTAL $236,449.17