HomeMy WebLinkAbout06-21-11
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-10-0269
ESTATE OF PATRICIA K DAVIDSON, DECEASED
Late of Cumberland County , PA
FAMILY SETTLEMENT AGREEMENT AND RELEASE OF
MICHAEL L DAVIDSON, EXECUTOR
Date of Death: January 12, 2010
Letters Granted: March 18, 2010
First Complete Advertisement of Grant of Letters: April 10, 2010
Account stated to: I~lovember 23, 2010
John C Oszustowicz, Esq.
104 South Hanover Street
Carlisle, PA 17013
(717) 243-7437
~~~
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AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE
THIS AGREEMENT, by and among Michael L Davidson, Executor of the Estate of
Patricia K Davidson, Deceased and Michael L Davidson
WHEREAS, Patricia K Davidson died January 12, 2010, testate, a resident of
Cumberland County, Pennsylvania; and
WHEREAS, the Last Will and Testament of Patricia K Davidson dated April 8, 2004,
was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as
appears of record at Number 21-10-0269 (a copy of the Will is attached hereto and marked
Exhibit A); and
WHEREAS, Letters Testamentary were issued to Michael L Davidson on March 18,
2010; and
WHEREAS, said Executor has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, in THIRD: she devised and bequeathed the residue of her estate, of every
nature and wherever situate, to her son MICHAEL L. DAVIDSON
WHEREAS, Michael L Davidson has 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. Michael L Davidson does hereby release and forever discharge Michael L Davidson,
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 Patricia K Davidson,
Deceased, and hereby authorize and request the Orphans' Court Division to charge the same
against his shad; 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.
DA~'ED this '~~' day of ov w~,~~ r , 2010.
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Witness Michael L Davidson cutor
~~.
Witness Michael L Davidson, Beneficiary
LAST WILL AND TESTAMENT ~ O "
of ~xhihi ~ ~
PATRICIA K. DAVIDSON
I, PATRICIA K. DAVIDSON, a legal resident of the Borough of Carlisle,
Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and
understanding, do hereby make, publish, and declare this as and for my Last Will and
Testament, hereby revoking all other wills and codicils heretofore made by me.
FIRST: I direct that all my just debts and funeral expenses, including my grave
marker, shall be paid from the assets of my estate as soon as practicable after my
decease.
SECOND: I direct that all taxes that may be assessed in consequence of my
death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my
residuary estate as a part of the expense of the administration of my estate.
THIRD: I devise and bequea#h the residue of my estate, of every nature and
wherever situate, to my son MICHAEL L. DAVIDSON, provided he shall survive me.
Should my son Michael fail to survive me, his share shall be distributed to his then living
issue, in trust if such issue is less than 25 years of age, per stirpes. If my son fails to
survive me and leaves no issue, such share shall be distributed to my sister JOAN K.
SOLE.
FOURTH: I nominate, constitute and appoint my son, MICHAEL L. DAVIDSON,
Executor of this, my Last Will and Testament. In the event of the renunciation, death,
resignation, or inability to act for any reason whatsoever of the said MICHAEL L.
DAVIDSON, I nominate, constitute, and appoint my sister, JOAN K. SODE, Executrix of
this my Last Will and Testament. I hereby relieve my Executor or his successor from the
necessity of posting security in connection with their duties as such in any jurisdiction in
which they may be called upon to act, insofar as 1 am able by law so to do.
IN VNITNESS WHEREOF, I have hereunto set my hand and seal this ~ ~ day of
r , , 2004.
PATRICIA K. DAVIDSON
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ~ SS:
I, PATRICIA K. DAVIDSON, Testatrix, who signed the foregoing instrument,
having been duly qualified according to law, acknowledge that I signed and executed the
instrument as my free and voluntary act for the purposes therein contained.
~~;~
PATRICIA K. DAVIDSON
Sworn to or affirmed and
Acknowledged before me by
PATRICIA K. DAVIDSON, the
Testatrix, this ~~ day
of pr ~ 1 , 2004.
_-- 1` -~ ,
Notary Public G^r!~s~e^ ~~sr ~ ~}~~„~
teem ~C16J(~iy
fir, ~.~~r~i~sion Expires t ~ ~,
C~MONINEALTH OF PENNSYLVANIA )
G~~`+' OF CUMBERLAND ) SS:
We ~e undersign witnesses who signed the foregoing instrument, being duly
~'"~' ~d~9 ~ ~++. depose and say that we were present and saw Testatrix sign
ana execute tt~e ~ her ~~ Will and Testament; that she signed and
executed it v~y ~ hey free and yolu~ry act for the purpose therein expressed; that
each of us in hoer sight ar~d Ong ~g~ ~ Will as witnesses; that Testatrix is known
to each of us: and that to the best of our knowledge and observation the Testatrix was at
the time of sound mind and urn no constraint o~ undue influence.
~,
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fi ~~
Swom to or affirmed and subscribed _ V
to before me by Tr ~ ~, c~ ~ ~, ~~ ~ ~ r
at~d ~~ C O `~ LU~~~,. ~ Z witnesses,
this ;i'^ day of ~~Y- , 1
2004.
~- ~ ~_~-
Notary Public
t~7Ai~tlAi SEAL
KIMBERLY R. LEO, p~~
Ceriisle Bono,
MY Gorrirtilission Expires Oct.1C
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