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HomeMy WebLinkAbout04-10-08 _c T CD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYf, ANIA w a ORPHANS' COURT DIVISION NO. 21-06-0893 ,r ESTATE OF RUTH A. CRAIG, Late of Carlisle, PA I~ 1 FAMILY SETTLEMENT AGREEMENT AND RELEASE OF HEATHER MARIE CRISWELL, EXECUTRIX Date of Death: November 24, 2006 Letters Granted: February 8, 2007 First Complete Advertisement of Grant of Letters: April 25, 2007 Account stated to February 28, 2008 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 Heather Marie Criswell now known as Heather Marie Craig, Executrix of the Estate of Ruth A. Craig Deceased, and Robin Ann Craig. WHEREAS, Ruth A. Craig died November 24, 2006, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Ruth A. Craig dated June 1, 2004 was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-07-0127 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to Heather Marie Criswell on February 8, 2007; and WHEREAS, said Executrix has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in Item Second of her Will, decedent devised and bequeathed all the rest, residue and remainder of her Estate, real, personal and mixed, whatsoever and wheresoever situate, unto her daughers, Robin Ann Craig and Heather Marie Criswell, in equal shares.; WHEREAS, Heather Marie Criswell 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. Beneficiary does hereby release and forever discharge Executrix, from any and all liability which she had or may have or which may from time to time arise in connection with her service as Executrix of the Estate of Ruth A. Craig, Deceased, and hereby authorize and request the Orphans' Court Division to charge the same against her 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. The 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 his respective heirs, successors, executrixs, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this - day of -hyil , 2008. WITNESS ea her arie Criswell now known as Heather Marie Craig, Executrix UO WITNESS ather Marie Criswell, Beneficiary AjAhl- v F* _ V I T S Robin Ann Craig eficiary COPY LAST WILL AND TESTAMENT I, RUTH A. CRAIG, of the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore,made. FIRST. I order and direct that all my just debts, funeral expenses and expenses in connection with administration of my Estate be paid by my personal representative or `i representatives, hereinafter named, as soon as conveniently may be done after my v decease. I further authorize my personal representative to expend funds from my Estate in such amounts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my daughters, ROBIN ANN CRAIG and HEATHER MARIE CRISWELL, in equal shares. If either or both of my said daughters should fail to survive me, I give, devise and bequeath her share unto such of her issue who shall survive me, in equal shares, by representation, and not per capita. For the purposes of this, my Last Will and Testament, WAYNE F. SHADE children who may be adopted by my issue shall be considered to be included within the Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania definition of their issue. If both of my said daughters should fail to survive me and fail to 17013 leave issue to survive me, I give, devise and bequeath the one-half share of my daughter, ROBIN ANN CRAIG, unto her widower if he were living with my daughter, ROBIN ANN CRAIG, at her date of death, and the one-half share of my daughter, HEATHER MARIE CRISWELL, unto her widower if he were living with my daughter, HEATHER MARIE CRISWELL, at her date of death. If the spouse of only one of my daughters were to be living with. one.of my daughters, at her date of death, I give, devise and h i "rtiv~ F „...r y ` (bequeathi the entri said `i u' _state unto the son-in-law of mine who would have been living with my daughter at her date of death. THIRD. For the purposes of this my Last Will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ninety (90) days. FOURTH. I order and direct that any estate, inheritance or similar tax due as a result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares and prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be paid from the residue of my Estate whether or not the property passes under my Last Will and Testament. My personal representative shall have full power and authority to pay, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- compromise or settle arty such taxes at anytime whether with respect to present or future interests. FIFTH. Any and all decisions, determinations or actions made or taken by a personal representative hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary acting under this my Last Wilh-and;Testamentshyall e; liable for,any error.in judgment or for any fi sw t~q g cx y v Y~ ~ tip'' f$ny°,; Iaf`e~=assets at an~tinlc, in the absence of willful default. LASTLY. I nominate, constitute and appoint my brother, ARTHUR RICHARD RICE, to be the Executor of this my Last Will and Testament, but if, for any reason, he should fail to qualify as such Executor or decline or cease so to serve, I nominate, constitute and appoint my daughters, HEATHER MARIE CRISWELL and ROBIN ANN CRAIG, to be the successive alternate personal representatives hereof, all to serve without bond. IN WITNESS 'WHEREOF, I, RUTH A. CRAIG, have hereunto set my hand and seal to this my Iast Will and Testament 'which consists of six (6) typewritten pages to WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- 4 1. each of which I have affixed my signature, this 1st day of June , A.D. Two Thousand Four (2004). (SEAL) Ruth A. Craig The preceding instrument. consisting of this and five (5) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by RUTH A. CRAIG, the Testatrix therein named, as her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other; have subscribed our names as witnesses hereto. yza'~,- Acknowledgment COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) I, RUTH A. CRAIG, the person whose name is signed to the foregoing instrument, WAYNE F. SHADE having been duly qualified according to law, do hereby acknowledge that I signed and Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- executed the instrument as my Last Will and Testament and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by RUTH A. CRAIG, this lst day of June 2004. Ruth A. Craig Notary blic Notarial Seal Connie J. Tritt, i,'lotary Public Carlisle, Cumberland County My Commission Expires Oct. 5, 2004 Affidavit COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) We, Wayne F. Shade and Helen H. Shade , the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that we were present and saw- the Testatrix sign and execute the instrument as her Last Will and Testament; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that, to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- Sworn to or affirmed and subscribed to before me by Wayne F. Shade and Helen H. Shade , witnesses, this lst day of June , 2004. -w~ Notary Pu lic Notarial Seal Connie J. Tritt, Notary Public ' Carlisle, Cumberland County My Commission Expires Oct. 5, 2004 V WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- n