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HomeMy WebLinkAbout04-01-14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA— ORPHANS' COURT DIVISION NO. 21-11-276 --------------------------------------------------------------------- ESTATE OF PEARL 1. ROBINSON, DECEASED Late of South Newton Township, Cumberland County, PA --------------------------------------------------------------------- FAMILY SETTLEMENT AGREEMENT CHARLES J. ROBINSON, EXECUTOR Date of Death: February 10, 2011 Letters Granted: February 28, 2011 Advertisement of Letters Completed on: April 14, 2011 ti o s M C W --v ? o a r M o � z � moo. o c> -n 3 n 7 M v r cn o s AGREEMENT TO INDEMNIFY, RECEIPT,AND RELEASE THIS AGREEMENT, with respect to the Estate of Pearl I. Robinson is by and between Charles J. Robinson, Executor and beneficiary, and John R. Robinson, beneficiary. WHEREAS, Pearl I. Robinson died February 10, 2011, testate, a resident of Cumberland County,Pennsylvania; and WHEREAS, the Last Will and Testament of Pearl I. Robinson dated January 1972 was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-11-276 (a copy of the Will is attached hereto and marked as "Exhibit A"); and WHEREAS, Letters Testamentary were issued to Charles J. Robinson on February 28, 2011; and WHEREAS, said Executor has duly administered the estate according to the Iaws of the Commonwealth of Pennsylvania; and WHEREAS, in the second paragraph of her Will the decedent gave, devised and bequeathed her entire estate to her"two sons, John R. Robinson, Jr. or his heirs, and Charles J. Robinson and Clara R. Robinson, or their heirs, equally, share and share alike." WHEREAS, Clara R. Robinson is deceased having given, devised and bequeathed her entire estate to Charles J. Robinson; and WHEREAS, John H. Robinson has been furnished with a complete listing of the estate assets and disbursements and has had opportunity to review the same along with receipts with the Executor and his counsel, or has knowingly and voluntarily declined to do so; and WHEREAS,the net distributable assets of the Estate total $82,996.13; and WHEREAS, the parties agree that Charles R. Robinson shall receive$41,498.07 of said net distributable assets upon execution of the within Agreement and that John H. Robinson shall receive $41,498.06 of said net distributable assets upon execution of the within Agreement; 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. The beneficiaries do hereby release and forever discharge the 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 Pearl I. Robinson, Deceased, and hereby authorize and request the Orphans' Court Division to charge the same against their 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 parties to this Agreement acknowledge that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective beneficiaries, successors, and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. We,the undersigned parties, hereby agree to the terns set forth herein. t -carte �( x 4�"0�!�. WITNESS Charles J. Re ms n Date WITNESS Robinson 1�� Date j l � LAST WILL AND TESTAMENT - ,( L, Pearl I. Robinson, a resident of the Township of outh Newton, County of Cumberknd and State of Pennsylvania, beina of sound mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills by me heretofore made. FIRST: I hereby direct my Executor, hereinafter named, to pay all my just debts and funeral expenses as may conveniently be done after my decease. SECOND: I give, devise and bequeath all my estate, be it real, personal or mixed, . to my two sons, John R. Robinson, Jr. or his heirs, and Charles J. Robinson and Clara R. Rohinson, or their heirs, equally, share and share alike. THIRD: I hereby nominate, constitute and appoint my son, Charles J. Robinson, Executor of this my Last Will and Testament. If Charles J. Robinson should be unable to serve as Executor for any reason whatsoever, then I name, constitute and appoint my son John H. Robinson, Jr. substitute Executor. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last will and Testament dated this day of January, 1M. (SEAL This instrument was by the Testatrix, Pearl I. Robinson, on the date hereof, signed, published and declared by her to be her Last Will and Testament, and in our presence, who at her request and in her presence and in the presence of each other, we believi g her to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. /// - -� �!^ I MCCREA& MCGREA �J AnOxx EY6 Ai LAw N[wn LL[6 Sw sf[x¢e u,o PEKNA. Assets: 108,716.21 (net home sale proceeds) 2,981.50 (net personal property sale proceeds) 6,470.02 (Citizens Bank proceeds) 118,167.73 (Total Assets) Costs: 4,787. (Schedule H costs minus 10,029 funeral home expense) 25,835.17 (Schedule I costs minus 8,530 realtor fee (already subtracted off of net home sale proceeds)) 4,056.14 (Inheritance tax) 237.81 (Inheritance tax/interest/penalty) 254.63 (Final legal fees) 35,171.60 (Total Costs) Net Distributable Assets: 82,996.13 Distribution: Charles Robinson: 41,498.07 (half of 82,996.13) John Robinson 41,498.06 (half of 82,996.13) Estate Account Funds: 80,406.88 20.00 (Register of Wills) 254.63 (Bayley&Mangan Law Office) 43,648.68 (Charles Robinson) 36,483.57 (John Robinson) 0