HomeMy WebLinkAbout07-23-10 (2) o -
C7
IN RE: IN THE COURT OF COMMON P~S c _, ' li
~ ~`-`~ - ' =?
ESTATE OF JOHN F. MILLER CUMBERLAND COUNTY, PENN~AN~,
Deceased ORPHANS' COURT DIVISION ; ~~,. ~? `''
NO. 2010-0513 ~' .~ •?
-
_ -; ,
~ d,
WAIVER OF ACCOUNTING, RECEIPT, RELEASE AND
APPROVAL OF DISTRIBUTION TO BENEFICIARY
WHEREAS, John Francis Miller (the "Decedent") died testate on April 13, 2010,
leaving a Will which was duly probated by the Register of Wills of Cumberland County,
Pennsylvania on May 17, 2010; and
WHEREAS, Decedent's Will appoints his son, Daniel John Miller, as Executor of
Decedent's Estate (the "Executor"); and
WHEREAS, Letters Testamentary were duly granted to Daniel John Miller on May
17, 2010; and
WHEREAS, ARTICLE THREE of Decedent's Will bequeaths the lesser of
$10,000 on 10% of Decedent's "financial holding" to Anne Buckley Headland and bequeaths the
balance of the Decedent's estate to Daniel John Miller; and
WHEREAS, the bequest to Anne Buckley Headland has been paid in full; and
WHEREAS, the undersigned Beneficiary is aware of all transactions that have
occurred during the administration of the Estate as he has acted as Executor and desires that the
Estate be concluded without the expense and formality of an accounting; and
WHEREAS, the Executor is willing to consent to such a conclusion of the Estate
upon receipt of a proper receipt and release from the beneficiary, which it is the purpose of this
Agreement to provide.
785375.1
NOW, THEREFORE, the undersigned Daniel John Miller (the "Beneficiary"), for
himself, his heirs, personal representatives and assigns:
(1) Directs that all estate assets be distributed to the Beneficiary.
(2) States that he is familiar with all transactions occurring in the Estate and
approves said transactions (and the administration of the estate generally) as though they were
contained in a formal accounting which had been confirmed absolutely by the Court having
jurisdiction over the Estate.
(3) Waives the Executor's preparation of a formal accounting and the filing and
auditing of a formal accounting by the court having jurisdiction over the estate.
(4) Acknowledges receipt from the Executor of the assets of the Estate
remaining after the payout of the bequest to Anne Buckley Headland.
(5) Does hereby absolutely and irrevocably release, remise, quitclaim and
forever discharge the said Executor, his heirs and personal representatives, of and from all actions,
suits, payments, accounts, reckonings, claims and demands whatsoever relating to the Estate of the
said Decedent.
(6) Does hereby absolutely and irrevocably release the Executor from filing any
Account, Petition for Distribution or other document with the Court of Common Pleas of
Cumberland County, Pennsylvania, or in any other jurisdiction in connection with the Estate of the
Decedent.
This instrument shall be legally binding on the undersigned and their personal
representatives, heirs and assigns.
-2-
785375.1
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the
~o day of ~ , 2010.
WITNESS:
____
~. C
~~~~ ~~ ~~ (SEAL)
Daniel J Miller
-3-
785375.1
COMMONWEALTH OF PENNSYLVANIA
n SS:
COUNTY OF l.l.~,YYlb~,l" ~ ~ ~.
On this, the 02-~ day of~~( , 2010, before me, a Notary Public, in and
for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared DANIEL
JOHN MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within Agreement and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
SEAL)
tary Public
My Commission Expires:
(SEAL)
NOTARIAL SEAL
Julia A. Hendrickson, Notary Public
Warrington Twp. York County
My Commission Expires Sept. 30, 2010
785375.1