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HomeMy WebLinkAbout12-06-13 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-13-0453 ------------------------------------------------------------------------------ ESTATE OF RUTH R. FRY, DECEASED Late of Cumberland County , PA ------------------------------------------------------------------------------ FAMILY SETTLEMENT AGREEMENT AND RELEASE OF DENNIS C. FRY, EXECUTOR Date of Death: March 27, 2013 Letters Granted: April 21, 2013 First Complete Advertisement of Grant of Letters: May 24, 2013 Account stated to August 29, 2013 C) U) :T" m John C Oszustowicz, Esq. 104 South Hanover Street E r7 cZ> Carlisle, PA 17013 c> (717) 243-7437 ca <D LU ulw d � o W CD U � L W = M w AGREEMENT TO INDEMNIFY, RECEIPT,AND RELEASE THIS AGREEMENT, by and among Dennis C. Fry,Executor of the Estate of Ruth R. Fry,Deceased and Dennis C.Fry. WHEREAS,Ruth R. Fry died March 27,2013,testate,a resident of Cumberland County, Pennsylvania; and WHEREAS,the Last Will and Testament of Ruth R.Fry dated March 14, 1973, was duly probated in the Office of the Register of Wills of Cumberland County,Pennsylvania as appears of record at Number 21-12-0453 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to Dennis C. Fry on April 21, 2013; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in item THIRD: She gave,devised and bequeathed all of her estate, real and personal to her son Dennis C. Fry. WHEREAS, Dennis C. Fry 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. Dennis C. Fry does hereby release and forever discharge Dennis C. Fry,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 Ruth R. Fry,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 I+� `t day of D-e..cem ber , 2013. C d- Witness Dennis C. Fry, Executor Witness Dennis C. Fry, Beneficiary :,ASi WILL AND TESTM ENT I, RUTH R. FRY, of Carlisle, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this as and for my last will and testament, hereby revoking and making void all wills by me at any time heretofore made. FIRST. I hereby direct my personal representative hereinafter named to -3ay all ny just debts and funeral expenses as soon after my decease as may be found convenient to do so. SECOND. I give, devise and bequeath all my estate, real and personal, to my husband, Edgar C. Fry. THIRD. In the event my said husband should predecease me, then I give, devise and bequeath all my estate, real and personal, to my son, Dennis C. Fry, or his issue. LASTLY, I nominate, constitute and appoint mysaid husband, Edgar C. Fry, Executor, if living, otherwise my said son, Dennis C. Fry, Executor, of this my last will and testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal this r day of 1� - - , 1973. (SEAL) Signed, sealed, published and declared by Ri,thR. Fry, the above named Testatrix, as and for her last will and testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto.