HomeMy WebLinkAbout07-09-13 REGISTER OF WILLS OF CUMBERLAND COUNTY,PENN5YLVANIA
Estate of Phoebe A. Brinley, No. 2012-00317
Deceased Date of Death: March�0012 � rn m
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FAMILY SETTLEMENT AND FINAL REL$�E ' ' �
ESTATE OF PHOEBE A. BRINLEY, DECTA�D �' yJ �
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KNpW ALL MEN BY THESE PRESENTS, that Phoebe A. Brinley, late of New
Cumberland Borough, Cumberland County, PennsYlvania, deceased, died testate on Mazch 8,
2012, having first made her Last Will and Testament, which was duly executed on December 27,
2011, and probated in the Office of the Register of Wills of Cumberland County, on Mazch 16,
2012.
WHEREAS, the said Phoebe A. Brinley, by the aforesaid Last Will and Testament, named
Nancy S. Derr as Executrix of said Last Will and Testament;
WIYEREAS, Letters Testamentary on the Estate of the said decedent were duly issued by
the Register of Wills of Cumberland County,Pennsylvania,to the said Executrix,hereinafter called
personalrepresentative;
WHEREAS, the personal representative has gathered the assets of the Estate of the said
decedent as set forth on the informal account approved by said personal representative and
distributed for review and approval among each of the several signatories of this Family Settlement
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Agreement;
WHEREAS, the decedent, by her Last Will and Testament,provided for a specific bequest
in the amount of$2,000.00 to her granddaughter, Elizabeth Ann Brinley;
WHEREAS, the decedent, by her Last Will and Testament, provided for a specific bequest
in the amount of$2,000.00 to her granddaughter, Samantha Marie Brinley;provided,however,that
since said Samantha Marie Brinley has not yet attained the age of twenty-one years,the bequest for
her benefit shall be paid to Elaine Brinley, as Trustee, pursuant to the trust language contained in
said Last Will and Testament; and
WFIEREAS, Nancy S. Dea, Dennis S. Briniey, Samuel S. Brinley, Jr., James E. Brinley,
Christopher E. Brinley, and Ross A. Brinley aze the sole and only remaining heirs pwsuant to the
tetms of the Last Will and Testament of the said decedent.
NOW, THEREFORE, Elizabeth Ann $rinley, Elaine Brinley (in her capacity as Trustee
for the benefit of Samantha Marie Brinley),Nancy S. Derr, Dennis S. Brinley Samue] S. Bririley,
Jr., 7ames E. Brinley, Christopher E. Brinley, and Ross A. Brinley,being all of the heirs under the
Last Will and Testament of the said decedent, and being the onlq persons entitled to inherit under
said Last Will and Testament, do hereby acknowledge that they have this day had and received
from the aforesaid personal rapresentarive, in full satisfaction and payment of all sums of money,
legacies, bequests, and devises as aze given, devised and bequeathed to each of them respectively
by the said Last Will and Testament, the amounts due to them under said Last Wil] and Testament,
which amounts have been received this day or shall be distributed upon execution of this
Ageement by all named parties thereto, and do hereby stipulate that in order to avoid the expense
and time involved in the filing of a formal account and schadule of distribution, they agree that no
account is necessazy and they do hereby agree that they do consent to distribution being made
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without the fiIing of an account and schedule of distribution, the same to be with the same force
and effect as if they had been filed and confirmed by the Orphans' Court Division of the Court of
Common Pleas of Cumberland County,Pennsylvania.
THEREFORE, Elizabeth Ann Brinley, Elaine Brinley (in her capacity as Trustee for the
benefit of Samantha Marie Brinley), Nancy S. Derr, Dennis S. Brinley Samuel S. Brinley, Jr.,
James E. Brinley,Christopher E. Brinley, and Ross A. Brinley do hereby remise,release, quitclaim
and forever dischazge the said personal representarive, Nancy S. Derr, her heirs, executors,
administrators and assigns, of and from the said estate and from all actions, suits, payments,
accounts, reckonings, claims, and demands whatsoever for or by reason thereof, or for any other
use,matter, cause or thing whatsoever,touching upon the Estate of the said decedent, and Nancy S.
Den, Dennis S. Brinley Samuel S. Brinley, Jr., James E. Brinley, Christopher E. Brinley, and Ross
E. Brinley do further hereby covenant and agree that should any liability come due to the estate of
the said decedent after the signing of this Agreement, we do hereby covenant and agree that we
wiil contribute to the Estate to satisfy any and all claims, demands, suits, or causes of action which
may be successfully prosecuted against the said Estate or the aforesaid personat representative after
the signing, sealing and delivery of this Fanuly Settlement Agreement and Final Release.
T'his Family Settlement and Final Release may be executed in multiple counterparts and
shall become effective once executed by all parties.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and yeaz
noted below.
[SIGNATURE PAGE TO FOLLOW]
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Dat Witness Nancy , . Derr, In " idually and in her
capacity as Execu ix of the Last Will and
Testament of Phoebe A. Brinley,
Deceased
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Date itness Dennis S. Brinley
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Date Wimess Samuel S. Brinley,Jr.
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Date Witnes J es E. Brinley
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Date R�itness Christopher E. Brinley
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Date Witness Ross A. Brinley
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Date WiCness Eli beth Ann Brinley
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Date Witness Elaine Brinley (in her capa y as Trustee
far the benefit of Samantha arie
Brinley)