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Home My WebLink About02-18-14 IN THE MATTER OF THE ESTATE OF FREDERICK B. DEWEY, DECEASED �_.� � :�� REGISTER OF WILLS 1N AND FOR CUMBERLAND COUNTY, PENNS�L.�ANIA�, � �°� '? File No. 21-07-0672 �`�=�-;=_ � ' T� a� _ :�'; i�. : p -� 1.<-" �:J` �a, ; i ESTATE SETTLEMENT AGREEMENT �� ' =�= '�' �� - � ;--- ;_,-�'� _., �_ � � `.�Q �� THIS AGREEMENT, made this �� day of November 2013, WITNESSETH : THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Frederick B. Dewey (the "Decedent") died testate on June 29, 2007. On July 17, 2007,the Register of Wills of Cumberland County,Pennsylvania, granted Letters Testamentary to Frederick B.Dewey,Jr.as Executor of the Estate of Frederick B.Dewey,deceased(the"Executor"). 2. Frederick B. Dewey, Jr., Kenneth W. Dewey, and Mary Engle (the Beneficiaries") desire the Executor to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania(the "Court"). 3. The Beneficiaries desire to forever settle and compromise any and all claims and rights which they may possess,now or hereafter,in the Estate and to confirm their acceptance of the Informal Account(the"Account")which is attached hereto as Exhibit"A" and incorporated herein by this reference. The Beneficiaries desire that the terms of the Account be in full satisfaction of their rights in the Estate. � 5. The Beneficiaries wish to release the Executor and to indemnify him against any and all claims that may be asserted against the Estate or the Executor after the date hereof. 6. The Executor is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, the Beneficiaries, for themselves,their heirs,personal representatives, successors and assigns: 1. Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above are true and correct,to the best of their knowledge, information, and belief. 2. Acknowledge receipt of a copy of the Account. 3. Declare that they have had the opportunity to review the Account and based upon an examination(or on their decision not to make such an examination), they are satisfied they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and do hereby waive the filing and auditing of the same. 4. Accept the Account,examined or not,as if the same had been duly filed with and audited, adjudicated, and confirmed absolutely by the Court. 5 . Acknowledge that the distributive share or amount received shall be in full satisfaction of their respective entitlements under the Will,and acknowledge that they have received their respective shares. 6. Release, remise, quitclaim and forever dischaxge the Executor, his heirs, personal representatives, successors and assigns,from and against all claims that they, as residuary legatees and heirs had,now have,or may in the future have, in connection with the Estate. 7. Agree to refund on demand, all or any part of any aforesaid distribution, which has been determined by the Executor,or by the Court,or by any court of competent jurisdiction to have been improperly made. 8. Agree to indemnify and hold harmless the Executor, his heirs, personal representatives, successors and assigns,from and against any and all claims, loss, liability or damage (whether or not related to the negligence of the Executor) that may hereafter be asserted against the Estate or against the Executor. 9. Consent to the Court exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF,and intending to be legally bound,the Beneficiaries have placed their hands and seals on the attached Consent to this Estate Settlement Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Frederick B. Dewey, Jr., hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Frederick B.Dewey,deceased,a copy of which Estate Settlement Agreement has been provided to me. �,,.�----� �'�/ � !i // i� / � � Date Frederick B. Dewey, Jr., Executor and Beneficiary COMMONWEALTH OF PENNSYLVANIA : : ss: COUNTY OF DAUPHIN : On this,the�_day of November 2013,before me,the undersigned officer,personally appeared Frederick B. Dewey, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. otary ublic .:......�.. NOTARIAL SEAI ELIZABETH ANNE BEAR Notery Pubiic HARRISBURG CITY,DAUPHIN COUNTY My Commission Expirea May 2,2016 CONSENT TO ESTATE SETTLEMENT AGREEMENT I,Kenneth W.Dewey,hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Frederick B. Dewey, deceased, a copy of which Estate Settlement Agreement has been provided to me. / /.� ,% 1/ / � Date Kenneth W. Dewey Beneficiary STATE OF FLORIDA : : ss: COLINTY OF 7�ohtG�. : On this, the l g day of November 2013, before me, the undersigned officer, personally appeared Kenneth W. Dewey, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. � �;�.,ros_ Not Public .�..�r� ,,;;��P'��,, JUAN PESINA :+� �''s Notary Pu41k-Sitlt of Florida ?N •5 My Comm.Ex�i�n May 1,2a 17 "''+ Commiseion#�Fi Q13956 �''�•��e�t�`'�: sooded Throuph N�tionN NolHr Assn. CONSENT TO ESTATE SETTLEMENT AGREEMENT I, MARY ENGLE, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Frederick B. Dewey, deceased, a copy of which Estate Settlement Agreement has been provided to me. L� MARY EN STATE OF FLORIDA : : SS. COUNTY OF 1NDIAN RIVER : On this, the �� day of January 2008, before me, the undersigned officer, personally appeared MARY ENGLE, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument,and acknowledged that she executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Not Public � Ho�r�rerPUeue ��1�tiA.She�'bt'OOk �ra�t�6ssion#�D388468 ; ��pyr��Mar�h 3,2009 �7AtEtJfFLCd�QI?. 'ciendadYmyFa'si•Inwrenrs,lrr�.ORa9aS7018 —4—