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HomeMy WebLinkAbout09-26-14 lV S M M J) O M ° c-) ° cn --I a .17 rrr, M rrl O w ry r- rn -1 r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA �` "' °-° ORPHANS' COURT DIVISION NO. 21-13-1184 ------------------------------------------------------------------------------ ESTATE OF BEATRICE M. WILLIAMS, DECEASED Late of Cumberland County , PA FAMILY SETTLEMENT AGREEMENT AND RELEASE OF PATRICIA E. BOLDOSSER, EXECUTRIX Date of Death: October 29, 2013 Letters Granted: November 7, 2013 First Complete Advertisement of Grant of Letters: January 3, 2014 Account stated to: September 8, 2014 John C Oszustowicz, Esq. 104 South Hanover Street Carlisle, PA 17013 (717) 243-7437 AGREEMENT TO INDEMNIFY,RECEIPT,AND RELEASE THIS AGREEMENT, by and among Patricia E. Boldosser, Executrix of the Estate of Beatrice M. Williams,Deceased and Patricia E. Boldosser and Sylvia Dallas. WHEREAS, Beatrice M. Williams died October 29, 2013, testate, a resident of Cumberland County,Pennsylvania; and WHEREAS,the Last Will and Testament of Beatrice M. Williams dated February '14, 1995 and codicil dated August 27, 1996,was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-13-1184 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Roy E. Williams, Jr., husband of decedent, died March 1, 1998; and WHEREAS,Letters Testamentary were issued to Patricia E. Boldosser on November 7, 2013; and WHEREAS, said Executrix has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS,in EIGHT. of her will, she directs that her entire estate be distributed in equal shares to her children, Sylvia Dallas and Patti Boldosser; and WHEREAS, Patricia E. Boldosser and Sylvia Dallas have 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. Patricia E. Boldosser and Sylvia Dallas do hereby release and forever discharge Patricia E. Boldosser, Executrix, from any and all liability which she had or may have or which may from time to time arise in connection with her service as Executrix of the Estate of Beatrice M. Williams, Deceased, and hereby authorize and request the Orphans' Court Division to charge the same against her share of said estate, and in consideration for said distribution, 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, Executrixes and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this 144 day of k4P-60L,' 2014. Witness iPatricia E. B Idosser,Executrix Witness Patricia E. B osser,Beneficiary Wi ss Syfja Dallas,Beneficiary T - -.� _ lJ"i�'Sff7e.��'tkiti'�33'� +�#<`..G CU,SA.97.iiti`59'1�`Ci +143ifi t�;}i((C!�}I3a�ii7!d£iz cut irnt.F€rtfiii 4°Ctt�tztiPt�'t rr7 9'�`I,t#� _ ' .£::?iSC7C,�${';;1d1xFI7E'i�ClISkS'i'!�R�Si'3 .Iii-`Yi)!x"SIFT S:yS�`"1 i;.iCS.'�.T,':rlf:•�5"J.'k�.� �L'�!�'�iiiCi.Y1i� xil9EY'4�7"�s'' lFilii YkJXfiL'iYi';1A tree�, ?7r ii:::i!�rIY��=.F£Y 5%".RrT t;+t`NC.XSi 75 i,r 92i:�Hf*� ' ia[f s+?z "k [(q,'TV3 - ?7i;.'is YV173JC{$S'�-i�vl;KIQgj +iFi!rid A Rzlnii2 2af8'l'S;:E i.,gmol o)4ii Ipdi bf.:.'0cguif�'<•'X fnq W041 i£ i p! .aa;jnt;vv N-'tu ',.wr'SSw'�"��L'� - a ins A celtl, Po -w! °" ?k u).9t.'J Ir; 6^+lt r* "d lit:!:(,S i'mot,q4 ', Piffi' t ddtCl!ilAO r rac t�iiw*T ,'f.€S tf w,r � r i u r. COPY feast Bill U10 Clegtantritt OF BEATR ICE A. WILLIAMS �I I I, BEATRICE A. WILLIAMS, of 525 South Hanover Street, Carlisle, Cumberland County, Pennsylvania, declare this instrument to be my Last Will and Testament, in manner and form following: FIRST: I hereby expressly revoke all Wills and Codicils heretofore made by me. I� SECOND: I hereby direct my Executor to pay all my just debts, funeral and ! administrative expenses out of my estate, as soon as practicable after my death. I THIRD: I direct that all taxes which may be assessed in consequence of my death of whatever nature and by whatever jurisdiction imposed shall be paid out of my estate as a part of the administration of my estate. FOURTH: I give and bequeath such of my personal property as may be listed on an unsigned memorandum kept with my Will to persons named thereon, provided they survive my death. Should such a memorandum not be found with my Will, it shall be conclusively presumed that none was prepared, and all of my personal property shall be considered a part of the remainder of my estate. FIFTH: I give and bequeath to my husband, ROY E. WILLIAMS, JR., all the rest of my tangible personal property. I i SIXTH: I give to FARMERS TRUST COMPANY, of Carlisle, Pennsylvania, in Trust, a sum equal to the tax credit equivalent for Federal Estate Tax purposes, which sum is, as of the date of this Will, Six Hundred Thousand ($600,000.00) Dollars. The Trustee shall invest and reinvest the principal and pay all of the income to my husband, ROY E. WILLIAMS, JR., in quarterly or other convenient installments, as long as he may live. A. Should Federal Estate Tax laws enacted subsequent to the date of this Will, and prior to my death, either increase or decrease the amount of the tax credit equivalent, it is my intent that the funds constituting the principal of the Trust be such greater or lesser amount, in lieu of the above stated Six Hundred Thousand ($600,000.00) Dollars; B. Should there be insufficient assets to fully fund this Trust, it shall be funded to the maximum extent possible; C. Should the income, when taken together with other income that my wife may have from other sources, prove insufficient to properly provide for his welfare, comfort and support, then Trustee may, in its sole discretion, pay to him whatever sums it deems necessary and appropriate out of the principal of this Trust, as well as the income, to permit him to maintain a standard of living similar to that enjoyed by him during his lifetime. D. The Trustee, on behalf of the beneficiary, may make payments to others for his use and ;benefit, to assure his welfare,, comfort and maintenance. 2 i E. Upon the death of my husband, the Trust shall terminate and all assets of the Trust shall be distributed in equal shares to my children, SYLVIA DALLAS and PATTI BOLDOSSER, or the issue of any deceased child, per stirpes. SEVENTH: All the rest, residue and remainder of my estate, I give, devise and bequeath to my husband, ROY E. WILLIAMS, JR., absolutely. EIGHT: Should my husband, ROY E.WILLIAMS, JR., fail to survive me, then I direct that my entire estate be distributed among my children as set forth in Paragraph Fifth, Sub-paragraph E above. EIGHTH: I hereby nominate, constitute and appoint my husband, ROY E. WILLIAMS, JR., to be the Executor of this my Last Will and Testament. In the event that ROY E. WILLIAMS, JR. shall be unable to serve as Executor for any reason, I then nominate, constitute and appoint my daughter, SYLVIA DALLAS, and my daughter, PATTI BOLDOSSER, as Executrices. No personal representative shall be required to file bond in this or any other jurisdiction. IN WITNESS WHEREOF, I hereunto set my hand and seat this day of � `�, 1995 Beatrice A. Williams SIGNED, SEALED, PUBLISHED and DEC. . ED in the presence of: 3 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, BEATRICE A. WILLIAMS, Testatrix, 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 1 signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, by BEATRICE A. WILLIAMS, Testatrix, this L ` day of 1 1995. W Cc��C /// Beatrice A. Williams, Testatrix Notar Public I,,iQTAII iTN��J Tr=RE:SA J. BURKH;Ludt, Notary Pubic; c nlsie,CLlr^�•j'i;nd G)unry,Pa. t �+pi 6e reb. 12, 1996 '• 1 4 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, James D. Flower and Michelle L. Faust the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix, BEATRICE A. WILLIAMS, sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by James D . Flower and Michelle L . Faust witnesses this day of _ 1995. rti .ti Witness Witness f / Aotary Public' •I ,st4 L SEAL 7ERESA J.B .RK"JOLDr i,Npiary PUh{iC 5 Ga islia,Cum xt and County,Pa. 7ty�amnist� t k? }sbsfob•t2,t896 CODICIL COPY OF BEATRICE A. WILLIAMS I, BEATRICE A. WILLIAMS, of 525 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania, (it) herehv make ;uul eleclarc this to he a Codicil to my Last Will and Testament dated February Id, Iv')5. 1. I revoke the appoimnicnt id I xnicrs IlList Company as Trustee of the Trust created by paragraph Sixth of my Will and in lieu thcreol appoint my daughters, SYLVIA DALLAS and PATTI BOLDOSSER to he the Co-TrnSteeS of the Trust established by the provision of subparagraph Sixth of Illy Will. 2. I ratify and confirm my Will in all other respects. IN WITNESS WHEREOF. 1 have hereunto set my hand and seal this 27-9 day of August, 1996. BEATRICE A. WILLIAMS SIGNED, SEALED, PUBL.ISI ]]-I) and DECLARED in the presence Ill: ............ COUNTY OF CUMBERLAND 1, BEATRICE A. WILLIAMS, Testatrix, whose iianic is signed to the attached or foregoing instrument, having been dL11V qualified according to law, do hereby acknowledge that I signed and executed the instrument as a codicil to my Last Will; that I signed it willingly; and that I signed it as my fi-Ce and VOILintary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, by BEATRICE A. WILLIAMS, the Testatrix, this 7 day of 1l-- 1996. BEATRICE A. WILLIAMS, Testatrix Notary Public 140TAR X SEAL MEALENE MARNEWA Notary PWic Caftle,0xiborkad County,Pa. COMMONWEALTH OF PENNSYLVANIA s s. COUNTY OF CUMBERLAND We, JAMES D. FLOWER and TERESA J . BURKHOLDER the witnesses whose names are siuned tai the atuichcd oi- fureouino instrument, being duly qualified according to law, do Llcpo>c ;iiid that we ure prcSent and saw Testatrix, BEATRICE A. WILLIAIN1S. .i,n ;ind L'WCHIV the insirunicnt ;is a codicil to her Last Will, that she signed willingly and that she c.Nrcutrd it as her 1'rec and Voluntary act for the purposes therein expressed; that each of us in the heating :Ind Sight of the Testatrix signed the Codicil as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and Suh.tcriheel to hefOl-e me by JAMES D. FLOWER and, TERESA J. BURKHOLDER witnesses this c-Q'7dl day of 1 996. Witness Witn ° s Notary Public NOTARIAL SEAL _ MERLENE MARHEVKA,Notary Ptblc Cadisle,Cumberland County,Pa - My Commission Expires 6/50 ' i Y J.- i � ' '-\ ,.