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HomeMy WebLinkAbout01-30-12 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-11-0709 ESTATE OF LINDA S GRIFFIN, DECEASED Late of Cumberland County , PA FAMILY SETTLEMENT AGREEMENT AND RELEASE OF JAMES A GRIFFIN, SR., EXECUTOR d G1 ky j -~ •~ ti,.~~ c_~ r:~. ~~ 1 ~1.~ c~~ U~_ ~~ ~` i:i cx_ Date of Death: November 27, 2006 Letters Granted: June 23, 2011 First Complete Advertisement of Grant of Letters: July 19, 2011 Account stated to: January 26, 2012 ~''7 N [% Q c-~ a•a: ~.: ~.~ cv ~--. Q C~ . BUG Q ~ (fa r o =~ U Jolm C Oszustowicz, Esq. 104 South Hanover Street Carlisle, PA 17013 (717) 243-7437 AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among James A Griffin, Sr., Executor of the Estate of Linda S Griffin, Deceased and James A Griffin, Sr. WHEREAS, Linda S Griffin died November 27, 2006, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Linda S Griffin dated July 12, 1995, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-11-0709 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to James A Griffin, Sr. on June 23, 2011; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in SECOND of her will, Linda S Griffin devised anti bequeathed her entire estate, of whatsoever kind and whersoever situate unto her said husband :fames A. Griffin WHEREAS, James A Griffin, Sr. 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 partie:> 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. James A Griffin, Sr. does hereby release and forever discharge James A Griffin, Sr., 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 Linda S Griffin, 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 ~Q~ day of ~~ pt 20.Yf ~ ~~ ~ Witness Witness r Sr ~X ~'l l iii 1L A ~,... ~~ ~ a ~ttSt ~Itll tttt~ (~P~.t~ritL'itk I, LINDA SUE GRIFFIN, of the Borough of Riverside, County of Northumberland, and Commonwealth of Pennsylvania, hereby make this my Last Will and 'Testament, z-evoking all prior wills and codicils by nee at any time he=-etofore made. FIRST: I direct that all expenses of my last illness and funeral together with all my just debts be paid out of my estate by my Executor as soon as may be conveniently done. SECOND: In the event that my hus~~and, James A. Griffin, shall survive me, I give, devise and ~~equeath my entire estate of whatsoever kind and wheresoever situate unto my said husband, James A. Griffin, absolutely and in fee simple. rl'BIRD: In the event that my said husband, James A. Griffin, shall predecease me, or in the event ghat we should both die as the result of a common accident, I give, devise and bequeath my entire estate of whatsoever kind and wheresoever situate, as follows: ~a ~ J 1. I give and bequeath the choice of television, oak table, chairs and pie server, kitchen appliances, and bedroom furniture in the sewing room unto my son, James A. Griffin, Jr. 2. I give and bequeath the Hummel :Figurine, titled "Boy with Umbrella", cedar chest, and sapphire and diamond wedding ring unto mY= daughter, Dorna L. Griffin. 3. I give and bequeath the diamond ring (no. 4 on jewelry appraisal), silver punch bowl and tray unto Gail Griffin. 4• I give and bequeath all of my personal clothing, remaining jewelry, Grandma Griffin's quilt, Grandma Griffin's bedroom furniture, Royal Doul.ton Figurine, titled "My Love", sewing machine, living room and dining room furniture, and all collectibles, dishes, knack knacks on walls and tables unto my daughter, Linda S. Wagner. 5. I give and bequeath all tools, lawn equipment, roll top desk and matching chair, grandfather clock, and piano unto my son, Mark A. Griffin. 6. I give and bequeath the cherry tea cart, all Waterford crystal, Royal Doulton figurines and mugs, Grandma Griffins silver tea service and crystal water c~o~V pitcher, antique .ironing board, antique tablE~ (oak top with wrought iron legs), and Grandma Griffin's metal lock box (Combination - BABY) unto my son, Patrick M. Griffin. 7. I give and bequeath the model railroad collection, second choice of television, bedroom furniture (from master bedroom), computers, cameras and sound systems, choice of car (if he is over 18 years of age) and wood high chair unto my son, Thomas F. Griffin. 8. I give and bequeath my mother's Eighth (QOth) birthday quilt and album unto my nephew, John Noey. 9. I give and bequeath the sum of Ten Thousand ($10,000.00) Dollars unto each living grandchild at the time of my death. a. In the event that any grandc:hild is under the age of twenty-one (21) years, then I direct: that the same shall be held by Mark A. Griffin, in trust:, as Trustee, to hold, manage, invest and reinvest the share so received and the accumulation of income thereof and to use and apply the income or so much thereof in the Trustee's absolute discretion as they feel necessary and appropriate fvr the support, care and maintenance of said grandchild. \~~ 10. I give and bequeath a special bequest of Seventy-five Thousand ($75,000.00) Dollars unto my daughter, Linda S. Wagner. 11. I give and bequeath up to a maximum of Eighty Thousand ($80,000.00) Dollars to be held in trust for my son, Thomas F. Griffin for his college education. In the event that my son, Thomas F. Griffin has completed one (1) year of college education the initial amount of the trust would be reduced by Twenty Thousand ($20,000.00) Dollars and for each year that he has completed the said amount of money shall be reduced by Twenty Thousand ($20,000.00) Dollars. The intention of this trust is to allow my son, Thomas F. Griffin to attend four (4) years of college anti the amount to be disbursed shall be dependent upon the college chosen by Thomas and his performance during each semester. My hereinafter named trustee shall act as a resource person for Thomas for information and moral support to encourage Thomas to make good and proper decisions pertaining to his education and allow for his college expenses to be paid through this trust. In the event Thomas F. Griffin does not complete college by Twenty-four (24) years of age the balance of the trust fund shall be distributed in conformance with the residuary clause of this my Last Will and Testament. I hereby nominate, constitute and appoint my daughter, Linda S. Wagner, has the trustee of this trust. 12. Griffin, Jr. the sum of One ($1.00) Dollar. 13. I give, devise and bequeath the :rest, residue and remainder of my estate of whatsoever kind and wheresoever situate, in equal shares, share and share alike, one (1) such equal share unto Donna L. Griffin, one (1) such equal share unto Patrick M. Griffin, one (I) such equal share unto Mark A. Griffin, one (1) such equal share unto Linda S. Wagner and one (1) such equal share unto Thomas F. Griffin, per stirpes and not per capita. FOURTH: All estate and inheritance taxes becoming payable by reason of or in consequence of my death shall be paid by my Executor out of the principal of the residue of my estate together with any interest or penalty thereon. Taxes on future interests may be prepaid. FIFTH: I give to my Executor and/or Trustee acting hereunder the following discretionary powers during the administration of my estate and of any of the Trusts created herein, in addition to and not in limitation of a:ny authority given by law. A• To retain any or all of the assets of my estate, real or personal. I give and bequeath unto my son, Jame F. B• To invest or reinvest in all forms of X00 ~~7 property, both real and personal, without obtaining any Court approval thereof, and without being limited to "legal investments" or to the investments to which F~,xecutors and Trustees are confined by statute. C• To register any securities or property in the name of a nominee selected by the Trustee. D• To join in any merger, consolidation, recrganization, voting trust plan or other concerted action of investment holders delegating discretionary powers or duties with respect thereto. E• To sell or exchange, or to give options for sale or exchanges or otherwise dispose of any real or personal property comprising my estate for any purpose of administration or distribution at public or private sale without Order of Court, for cash and/or credits to make repairs, replacements and improvements, structural or otherwise, of any real or personal property. F• To renew notes or debts of mine and to borrow money for any purpose of administration from an :Y Person or persons, including my corporate fiduciary and to execute promissory notes and other obligations for amounts so borrowed and to secure the payment of any amount. sv borrowed by mortgage or pledge of any real or personal property. G. To compromise or settle claims by ~vr against my estate, without obtaining the consent of any beneficiary or any Court approval therefor. ~ H• To make distribution either in cash or in kind. C~Opl~ SIXTH: I hereby authorize and empower my Executor hereinafter named to sell, dispose of and convey in fee simple any real estate and personal property of which I may die possessed, either at public or private sale or sales, at such price or prices that my said Executor shall deem fair and expedient and with full power and authority to make, execute, acknowledge and deliver good and sufficient deeds of conveyance or other necessary writings to any and all purchasers as fully as I could do if living, and to execute and deliver all contracts and agreements, leases, options, receipts and releases,~assignments and transfers of stock and securities and all other writings necessar!~ for the effectual settlement and distribution of my estate. SEV____ENTHi I nominate, constitute and appoint my husband, James A. Griffin, as my Executor of this my Last Will and Testament. In the event that my husband James A. Griffin, has predeceased me, dies simultaneously with me or be unable or unwilling to act or continue to act in said fiduciary capacity, I then nominate, constitute and a ppoint my son, Mark Adam Griffin as Executor of this my Last Will and Testament. In the event that my son, Mark Adam Griffin, has predeceased me, dies simultaneously with me or be unable or unwilling to act or continue to act in said fiduciary capacity, I then nominate, constitute and appoint: my daughter, Linda Sue Wagner as Executrix of this my Last Will and Testament. I direct that my Executor acting hereunder shall not be required to file bond in this o:r any other jurisdiction with respect to the faithful performance of the fiduciary responsibilities. EI-~H: I nominate, constitute, and appoint Mark A. Griffin as Guardiar. and Legal Custodian of Thomas F. Griffin during the period of his minority in the event that he shall survive me and my husband has predeceased me. IN WITNESS WHEREOF, I have set my hand anal seal to this my Last Will and Testament containing eight (9) pages this ~ ot~l=_ day o f ~ ~ 1 1995. SIGNED, SEALED, PUBLISHED and DECLARED by LINDA SUE GRAN, Testatrix above named, as and for her Last Will and Testament on the day: and year last above written, ; in the presence of us and in : the presence of each other, all bean ~ S „~~~~c g present at the same: /SLINDA SUE GRA ~ ---"SEAL) time, have hereunto sub- N scribed our names as witnesses. ~~ a W.~,~