HomeMy WebLinkAbout01-09-14 Pa. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF C*J,w% b4— IJ 4Ad COUNTY, PENNSYLVANIA
NameofDecedent: Clarence Keller Stretton
Date of Death: 01 /24/2012 File Number: 2012-00779
Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of
the above-captioned estate:
1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . . . Do Yes ❑No
2. If the answer is No, state when the personal representative
reasonably believes that the administration will be complete:
3. If the answer to No. 1 is YES, state the following:
a. Did the personal representative file a final account with the Court? . . . . . . . ❑Yes jVNo
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
c. Did the personal representative state an account
informally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes El No
d. Copies of receipts, releases,joinders and approvals of formal or informal accounts maybe
filed with the Clerk of the Orphans' Court, and ml,y be attached to this report.
J h u^ Signature of Persbln Filing this Form
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Form RIK10 rev. 10.13.06 _ ^
SAMUEL C. STRETTON, ESQUIRE
301 S. HIGH STREET .
P.O. BOX 3231
WEST CHESTER, PA 19381
(610) 696-4243
ATTORNEY I .D. NO. 18491
IN RE: IN THE ORPHANS COURT
ESTATE OF CLARENCE K. STRETTON CUMBERLAND COUNTY, PA
PA FILE NO. 21-12-0779
SOCIAL SEC. # 201-05-7662
ESTATE SETTLEMENT AGREEMENT
This Agreement is made this day of
2013, by and among the beneficiaries of the Estate of Clarence
K. Stretton, Deceased.
In accordance with the desire of the beneficiaries .that the
administration of the Estate be terminated without the expense
and delay of court accounting, the parties hereto, in
consideration of the mutual covenants herein expressed and
intending to be legally bound, agree as follows :
1 . The Estate of Clarence Keller Stretton, who died on
January 24 , 2012, is now. in the process of administration,
Letters Testamentary having been duly granted to the Executor,
Samuel C. Stretton, by the Register of Wills of Cumberland
County.
2 . Clarence Keller Stretton died with a Will on January
24, 2012 . Attached and marked as Exhibit "A" is a copy of the
decedent' s Will.
3 . Under the provisions of the decedent ' s Will, the
residuary estate is to be divided equally among the four
children.
4 . Samuel C . Stretton, Esquire, is the Executor and
attorney for the Estate.
S . The beneficiaries are the decedent' s children: Allen
Stretton, Hazel E. Pierce, John A. Stretton and Samuel C.
Stretton.
6. The parties acknowledge that they have been provided
with a full and complete accounting of the assets of the Estate
by the Executor. The total assets are $16, 013 . 68 . But, after
paying the accountant, Gerry Donchez, the monthly bank fees,
Register of Wills filing fees and the inheritance tax, the
balance in the Estate Checking account is $15, 417 . 81 .
7 . The beneficiaries, Allen Stretton, Hazel E . Pierce,
John A. Stretton and Samuel C. Stretton, acknowledge they are
aware of the value of the assets and have had these documents
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fully explained, had the opportunity to seek additional advice
from an independent legal counsel, and an opportunity to ask any
questions .
8 . All parties acknowledge $500 . 00 is being withheld to
pay all taxes . Further, $2, 000 . 00 will paid to Allen Stretton
for his services in handling the trust funds when the decedent
was alive
9 . The assets of the estate total $16;013 . 68 . But, after
paying the accountant, Gerry Donchez, the monthly bank fees,
Register of Wills filing fees and the Inheritance Tax, the
balance in the Estate Checking account is $15, 417 . 81 .
10 . The proposed distribution would be as follows :
a . ) Withhold $500 . 00 to be sure all taxes are paid;
b. ) $2, 000 . 00 to Allen Stretton for services as
trustee.
c. ) The balance of $12, 917 . 81 will be divided into
four equal shares in the amount of $3, 229 . 45 to John
Stretton, Allen Stretton, Sam Stretton and Hazel Pierce.
11 . All parties are aware that the inlieritance taxes have
to be paid.
3
12 . All parties have had the opportunity to question
Samuel C. Stretton, Esquire .
13 .. All parties agree with the distribution as set forth
above.
14 . The parties agree to leave the balance of $500 . 00
pending final decision of the Inheritance Tax Division as to
whether or not any additional taxes are due.
15 . All beneficiaries agree to be bound to pay any
additional taxes due by the Estate if it is determined more
monies are due .
16. All parties state they are satisfied with this
distribution.
17 . All parties to this Family .Settlement Agreement
acknowledge they have had an opportunity to seek independent
counsel if they wish.
4
AND NOW, this day of 2013, all
parties have set their hand in seal acknowledging their
agreement.
4W V. (Seal)
Allen L. Stretton,
Beneficiary
(Seal)
Samuel C. Str t
Executor of the Estat
(Seal)
Hazel E. Pierce,
Beneficiary
(Seal)
John A. Stretton,
Beneficiary
5
AND NOW, this day of 2013, all
parties have set their hand in seal acknowledging their
agreement.
(Seal)
Allen L. Stretton,
Beneficiary
(Seal)
Samuel C. AStr to
Executor of the Estat
(Seal)
Hazel E. Pierce,
Beneficiary
/ (Seal)
John A. tr t tyon,
Beneficiary
5
AND NOW, this day of 2013, all
parties have set their hand in seal acknowledging their
agreement.
(Seal)
Allen L. Stretton,
Beneficiary
(Seal)
Samuel C. 'Str t
Executor of the Estat
VV/ (Seal)
Hazel E. Pierce,
Beneficiary
(Seal)
John A. Stretton,,
Beneficiary
5
LAST WILL AND TESTAMENT OF CLARENCE R. STRETTON
I , Clarence K . Stretton, being of sound mind and under-
standing , hereby make my last Will , revoking all previous
Wills and Codicils .
FIRST
I direct my Executrix to pay my debts (not including
mortgages on real estate) and funeral and other expenses .
Further, I direct that no extraordinary medical efforts
be utilized to prolong my life , but that I be allowed the
opportunity to die with grace and dignity. if with reasonable
medical certainty there is no chance of my recovery.
SECOND
I give , devise and bequeath all the rest, residue and
remainder of my estate wherever situate, to my wife , Edith
Moore Stretton , if she survives me .
THIRD
If my wife , Edith Moore Stretton , does not survive me ,
then all the said residuary estate shall be divided into four
(4) equal shares and these shares shall be distributed as
follows :
A) One share to my son, Samuel C . Stretton, if he survives
me. If he does not survive me , then one share to his issue.
B ) One share to my daughter , Hazel E . Pierce , if she
survives. me . If she does not survive me , then one share to
her issue .
1(^�'
I
C ) One share to my son , John A. Stretton, if he survives
me . If he does not survive me, then one share to his issue.
D ) One share to my son , Allen L . Stretton, if he survives
me. If he does not survive me, then one share to his issue .
E) If any person named ,'in any one or more of clauses
A through D inclusive in this paragraph shall not survive
me , the share given in such clause or clauses shall be added
to the other share or shares equally if more than one . For .
the purpose of this paragraph , the definition of "person named"
shall include the term "issue" .
FOURTH
a ) Where in this Will any gift is made to issue of a
person , those children and more remote descendants of such
person shall take who would have taken the personal property
of such person if he had died at the time said gift becomes
possessory, unmarried , intestate , domiciled in Pennsylvania
under the laws of Pennsylvania in force at such time and the
shares and proportions shall be determined by said laws .
b) For the purposes of this Will a person shall not
be considered to survive another if he shall die within thirty
( 30) days of the death of such other.
c ) M_v Executrix shall pay out of my residuary estate
as an expense of administration all estate taxes , inheritance
taxes and other death taxes of any nature with respect to
all property passing under this Will or any Codicil thereto .
2 of 6
d{) The interest of the beneficiaries hereunder shall
be free from the control or interference of any creditor of
a beneficiary or of a spouse of a married beneficiary and
shall not be subject to attachment or susceptible or antici-
pation or voluntary or involuntary alienation .
FIFTH
a ) I appoint my wife, Edith Moore Stretton , to be the
Executrix of this my Will . I direct that my Executrix shall
not be required to give a bond or furnish' sureties in any
jurisdiction .
b) If the aforesaid Edith Moore Stretton predeceases
me, or is unable or unwilling to serve as Executrix, I appoint
my son , Samuel C . Stretton, Executor in her place . I direct
that my Executor shall not be required to give a bond or furnish
sureties in any jurisdiction.
IN WITNESS WHEREOF I , the said Clarence K. Stretton here
with set my hand to this my last Will , typewritten on six
( 6) sheets of paper ( including the attestation clause, signature
of witnesses and self proving clauses ) this 2-4.1- day of
j e. ��. A.D. One. thousand nine hundred and eighty five
( 1985 ) .
I�WdisK ('Seal ) .
Clarence K./Stretton
3 of 6
ON THE "�=-4 `day of SLp�`r-' , A .D. 1985 , Clarence K .
Stretton declared to us , the undersigned , that the foregoing
instrument was his last Will and he requested us to .act as
witnesses to the same and to his signature thereon. He thereupon
signed said Will in our presence, we being present at the
same time . And we now at his request , in his presence , and
in the presence of each other , do hereunto subscribe our names
as witnesses . And we and each of us declare that we believe
this Testator to be of sound mind and memory.
� u
4 of 6
COMMONWEALTH OF PENNSYLVANIA .
. SS
COUNTY OF
I , Clarence K . Stretton . , the testator, whose
name is signed to the attached or foregoing instrument,
having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as my .
last Will_; that I signed it willingly; and that I signed it
as my free and voluntary act for the purposes therein
expressed.
Clarence K. Stretton
Sworn to and acknowledged before me, by Clarence K .
Stretton the testator, this n� day of
1985 .
lam/
o y Publ ' c
G e
My Comm ion Exp es :
5 of 6
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
We, and
the witnesses whose names
are signed to the attached or foregoing instrument , being .
duly qualified according to law, do depose and say that all
the witnesses were present and saw Clarence K. Stretton
sign and execute the instrument as hislast Will;
that he signed willingly and, executed it as his free and
voluntary act for the purposes therein expressed; that each
of the witnesses in the hearing and sight of the testator
signed the Will as witnesses; and that to the best of our
knowledge the testator was at that time 18 or more years of
age, of sound mind and under no constraint or undue
influence.
i%o
Sworn or affirmed to and subscribed to before me by
witness, this day of 1981��
No a is
My Form r ion Expir� :�
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