HomeMy WebLinkAbout10-28-14 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-14-0126
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ESTATE OF RICHARD W. DUTREY, DECEASED
Late of Cumberland County , PA
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FAMILY SETTLEMENT AGREEMENT AND RELEASE OF
MARJORIE B. DUTREY, EXECUTRIX
Date of Death: January 19, 2014
Letters Granted: February 11, 2014
First Complete Advertisement of Grant of Letters: March 7, 2014
Account stated to October 27, 2014
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AGREEMENT TO 1NDEMNIFY, RECEIPT, AND RELEASE
THIS AGREEMENT, by and among Marjorie B. Dutrey, Executrix of the Estate of
Richard W. Dutrey, Deceased and Marjorie B. Dutrey
WHEREAS, Richard W. Dutrey died January 19, 2014,testate, a resident of Cumberland
County, Pennsylvania; and
WHEREAS, the Last Will and Testament of Richard W. Dutrey dated November 20,
2012, was duly probated in the Office of the Register of Wills of Cumberland County,
Pennsylvania as appears of record at Number 21-14-0126 (a copy of the Will is attached hereto
and marked Exhibit A); and
WHEREAS, Letters Testamentary were issued to Marjorie B. Dutrey on February 11,
2014; and
WHEREAS, said Executrix has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, in ITEM THIRD of his will: Richard gave, devised and bequeathed all the
rest, residue and remainder of his estate of whatsoever nature and wheresoever situate, to his wife
MARJORIE B. DUTREY.
WHEREAS, Marjorie B. Dutrey ,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. Marjorie B. Dutrey , does hereby release and forever discharge Marjorie B. Dutrey,
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 Richard W. Dutrey,
Deceased, and hereby authorize and request the Orphans' Court Division to charge the same
against her shares 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, executrixes, administrators and assigns.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
DATED this `Z�}� day of��"U�UE�i''"' , 2014.
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Witness ar' rie B. Dutrey, Executr'
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Witness a�� rie B. Dutrey, Benefic'ary
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LAST WILL AND TESTAMENT �:; .
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RICHARD W. DUTREY
I, RICHARD W. DUTREY of Cumberland County Pennsylvania, being of sound
and disposing mind, memory and understanding, do hereby make, publish and declare this
as and for my Last Will and Testament, hereby revoking all other Wills and Codicils
heretofore made by me.
FIRST
I direct the payment of my just debts and funeral expenses, including a suitable and
proper grave site and grave marker, as soon as conveniently can be done following my
decease. I direct that all State and Federal Transfer Inheritance Tax, Estate Ta�c,
Succession Taxes any other tax, including any interest, assessments or penalties thereon,
that may become due and payable by virtue of my death, or by virtue of the passing of any
property under my Last Will and Testament shall be paid by my estate,just as if such taxes
were my debts, and no beneficiary shall be required to pay or refund any part thereof.
SECOND
1 give and bequeath my tangible personal property to my wife, MARJORIE B.
DUTREY. If my wife does not survive me, I give and bequeath certain items of my tangible
personal property to those persons who are named in a memorandum which is signed by me
and which can be found with this, my Last Will and Testament. The remaining items of
tangible personal properiy (excluding money, securities and the like) not set forth in my
memorandum, or a11 of such articles if there is no memorandum found with this, my Last Will
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and Testament, I give unto my children JOHN DUTREY and MARY ANN THEWLIS and
my daughter-in-law LYNN DUTREY, in three (3) equal shares. If my children cannot agree
on the distribution of such property, it shall be sold and the proceeds derived therefrom shall
be added to my residuary estate.
THIRD
All the rest, residue and remainder of my estate of whatsoever nature and
wheresoever situate, I give, devise and bequeath to my wife MARJORIE B. DUTREY if
she survives me. If my wife does not survive me then I give, devise and bequeath the rest,
residue and remainder of my estate as follows: 20%to my daughter in law, LYNN
DUTREY; 20%to my son JOHN DUTREY; 20%to my daughter MARY ANN
THEWLIS; and 8% to each of my five (5) grand children. If any of my children or my
daughter in law do not survive me, his/her share shall lapse and his/her share shall be
divided equally between my children and daughter in law who survive me. For example, if
one of my children does not survive me, then my surviving child and my daughter in law
shall each receive 30% of my residuary estate. If any of my five (5) grandchildren do not
survive me, then his/her share shall lapse and his/her share shall be divided among my
grandchildren who survive me. For example, if one (1) of my five (5) grandchildren does
not survive me, then my surviving four (4) grandchildren shall each receive 10% of my
residuary estate.
FOURTH
In addition to the powers conferred by law, I authorize any personal representative
acting under this instrument, in his or her absolute discretion:
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A. To retain in the form received, or to sell either at public or private sale any real
or personal property;
B. To exercise any options to subscribe for stocks, bonds or other investments;
C. To join in any plan of lease, mortgage, consolidation, exchange, reorganization
or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or
other securities;
D. To sell, transfer, convey, mortgage, pledge, lease or exchange any property,
including real estate, for the payment of debts or taxes, or for any purpose of
administration or distribution, for such prices and upon such terms as my personal
representative, in his or her sole discretion, may deem wise, and to execute and deliver
deeds of conveyance or transfer thereof;
E. To make settlements and compromises on such terms as my personal
representative in his or her sole discretion may deem wise without the necessity of
obtaining any court approval thereof;
F. To make distribution hereunder either in cash or kind, as my personal
representative in his or her discretion may deem wise.
FIFTH
I do hereby nominate, constitute and appoint my wife, MARJORIE B. DUTREY, to
act as Executrix, of this my Last Will and Testament. Provided, however, that if she is
unwilling or unable to act as Execurix, I direct the duties of Executor, be performed by my
son JOHN DUTREY. If my son JOHN DUTREY is unable or unwilling to serve as
Executor, I direct the duties of Executor be performed by JOHN C. OSZUSTOWICZ. No
bond shall be required for any Executor.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this L(��day of
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RICI-��D W. DUTREY
Signed, sealed, published, acknowledged and declared by the above-named Testator,
RICHARD W. DUTREY, as and for his Last Will and Testament, in the presence of us, who,
at her request, in her presence and in the presence of each other, have hereunto subscribed our
names as witnesses thereto.
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND �
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I. RICHARD W. DUTREY, Testator, who signed the foregoing instrument, having
been duly qualified according to law, acknowledge that I signed and executed the instrument
as my free and voluntary act for the purposes therein contained.
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RICHARD W. Di�TREY
Sworn to ar af�umed and
acknowledged before me by
RICHARD W. DUTREY,
the Testator,this�;�day
2012. COMMONWEAl7N OF PENNSYLVANI�
Of 1\��' ��!�y���Y��Vr � NoWrlal Seal
� Kimberly R.Leo,Notary Pub�ic i
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My Commission Expires Oct.10,2013 �
Notary Public
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
We, the undersigned witnesses who signed the foregoing instrument, being duly
qualified according to law, depose and say that we were present and saw Testator sign and
execute the instrument as his Last Will and Testament; that he signed and executed it
willingly as his free and voluntary act for the purposes therein expressed;that each of us in his
sight and hearing signed the Will as witnesses; that Testator is known to each of us; and that
to the best of our knowledge and observation the Testator was at the time of sound mind and
under no constraint or undue influence. ,
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Sworn to or affirmed and subscribed
to before me by �)C h v1 L L`�Zl.'��-%��:��-Z
and I���V +� k; M:-_t Z_ witnesses,
this 2�',day of (�: ; �i����--�t�� ;� , 2012.
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Notary Public
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