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HomeMy WebLinkAbout11-10-10c ° ~' "Y ~a l~" C ~a.-r ~~J ~` x , ~ ~ a' C!) ~ Q , ~ - (. ~''' , ''l -; ~ .- C,~~C 3 ~ -~ "~-i Zy r W `,'~ Q COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-10-0082 ESTATE OF W. EMERSON ACKERMAN, DECEASED Late of Cumberland County, PA FAMILY SETTLEMENT AGREEMENT AND RELEASE OF THOMAS D ACKERMAN, EXECUTOR Date of Death: December 25, 2009 Letters Granted: January 26, 2010 First Complete Advertisement of Grant of Letters: February 26, 2010 Account stated to: July 13, 2010 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 Thomas D Ackerman, Executor of the Estate of W. Emerson Ackerman, Deceased and Thomas D Ackerman., Elizabeth Conrad and Carol Gilbert. WHEREAS, W. Emerson Ackerman died December 25, 2009, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of W. Emerson Ackerman dated December 23, 2008 was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-10-0082 (a copy of the Will is attached hereto and mazked Exhibit A); and WHEREAS, Letters Testamentary were issued to Thomas D Ackerman on January 26, 2010; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in ITEM 3: of his Will, decedent gives, devises and bequeaths to his children, equally, all of the rest, residue and remainder of his estate of whatsoever nature and wheresoever situate; and WHEREAS, Thomas D Ackerman, Elizabeth Conrad and Carol Gilbert 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 Courl 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: Thomas D Ackerman, Elizabeth Conrad and Carol Gilbert do hereby release and forever dischazge Thomas D Ackerman, 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 W. Emerson Ackerman, 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 this l0~' day of ~I OVP_YY1 be.1~' Witness Th s D Ackerman, Executor y,;...,;,~ ~ ~.1_. Witness homas D Ackerman, Beneficiary Witness - , Witness Elizab Conrad, Beneficiary Carol Gilbert, Beneficiary