HomeMy WebLinkAbout11-23-11COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-10-0235
ESTATE OF ELIZABETH D. MARTIN, DECEASED
Late of Cumberland County, PA
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FAMILY SETTLEMENT AGREEMENT
DONALD R. BOYNE, EXECUTOR
Date of Death: January 20, 2010
Letters Granted: March 9, 2010
First Complete Advertisement of Grant of Letters: April 7, 2010
Account stated to March 1, 2011
Baric Scherer
19 West South Street
Carlisle, PA 17013
(717) 249-6873
AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE
THIS AGREEMENT, by and among Donald R. Boyne, Executor of the Estate of
Elizabeth D. Martin and Donald R. Boyne, Trustee of the Martin Family Trust, beneficiary of the
Estate of Elizabeth D. Martin.
WHEREAS, Elizabeth D. Martin died January 20, 2010, testate, a resident of
Cumberland County, Pennsylvania; and
WHEREAS, the Last Will and Testament of Elizabeth D. Martin dated November 14,
2006, was duly probated in the Office of the Register of Wills of Cumberland County,
Pennsylvania as appears of record at Number 21-10-0235 (a copy of the Will is attached hereto
and marked Exhibit A); and
WHEREAS, Letters Testamentary were issued to Donald R. Boyne on March 9, 2010;
and
WHEREAS, said Executor has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, in the Fifth paragraph of her Will, decedent directed Executor to give,
devise and bequeath all the rest, residue and remainder of her property of every kind and
description to the Trustee under the Trust executed by her on the same date of the execution of
the Will; and
WHEREAS, the Trust is named the Martin Family Trust and Trustee for said trust is
Donald R. Boyne; and
WHEREAS, Donald R. Boyne 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:
The beneficiary does hereby release and forever discharge the 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 Elizabeth D. Martin, Deceased, and hereby authorizes
and requests the Orphans' Court Division to charge the same against its share of said estate,
and in consideration for said distribution, hereby agrees 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.
The parties to this Agreement acknowledge that this Agreement shall be indexed and
recorded in the estate proceedings and that the terms hereof shall be binding upon its
respective beneficiaries, successors, and assigns.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
DATED this ~ day of ~~~~ , 2011.
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`~I ESS D
onald R. Boyne,
Executor/Trustee