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Home My WebLink About12-04-14 M CD rn ca Cha rrn M C-1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY��'NIAC ORPHANS' COURT DIVISION NO. 21-14-0009 co q ------------------------------------------------------------------------------ ESTATE OF INACLAIRE DARBY, DECEASED Late of Cumberland County , PA ------------------------------------------------------------------------------ FAMILY SETTLEMENT AGREEMENT AND RELEASE OF KAREN BREAM, EXECUTRIX Date of Death: December 20, 2013 Letters Granted: January 6, 2014 First Complete Advertisement of Grant of Letters: February 7, 2014 Account stated to: October 24, 2014 John C Oszustowicz,Esq. 104 South Hanover Street Carlisle, PA 17013 (717) 243-7437 S AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among Karen Bream, Executrix of the Estate of Inaclaire Darby, Deceased and Barbara Darby Beeman, Shelia Darby Brown, Laura Darby Dundorf, Eileen Darby Mulroy, Karen Darby Bream, Mary Darby Zayas-Bazan, Michael Darby and John Patrick Darby. WM REAS, Inaclaire Darby died 'Pecemher 20, 201.3, tee':-ate, a reside.f ^fCunibe.-I .nd . County, Pennsylvania; and WHEREAS, the Last Will and Testament of Inaclaire Darby dated October 4, 2005,was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-14-0009 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Melvin G. Darby, husband of decedent, died July 13, 2011; and WHEREAS, Letters Testamentary were issued to Karen Bream on January 6, 2014; and WHEREAS, said Executrix has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in THIRD of decedants will, she gives all the rest, residue and remainder of her property and estate, both real and personal, of whatever kind and wherever located, that she owns or to which she shall be entitled at the time of her death (collectively referred to as her "residuary estate"), as follows: (b). If her husband does not survive her, then to those of her children(Barbara.Darby Bee.aan, J1 eliaLa.b� -ovrir '_iu ' ii:aur E•tenD aTv�uiroy, Karen Darby 3reani,Div , LawaDayi3r , i, eDb Mary Darby Zayas-Bazan, Michael Darby and John Patrick Darby) who survive her and to the issue who survive me of thoses of her children who shall not survive her, per stirpes. ; and WHEREAS, Barbara Darby Beeman, Shelia Darby Brown, Laura Darby Dundorf, Eileen Darby Mulroy, Karen Darby Bream, Mary Darby Zayas-Bazan, Michael Darby and John Patrick Darby 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: I Barbara Darby Beeman, Shelia Darby Brown,Laura Darby Dundorf, Eileen Darby Mulroy, Karen Darby Bream,Mary Darby Zayas-Bazan, Michael Darby and John Patrick Darby do hereby release and forever discharge Karen Bream,Executrix, from any and all liability which she had or m.av bp:vcor wl,.ich m. ,:-;,v ftorr-i fi.T.i e to ii se in c-0--nnection.with her service as Executrix of the Estate of Inaclaire Darby,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, 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, Executors'. Executrixes and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this day of 2014. -&ia47 Witness Karen Bream,Executrix VWitne Barbara Darby Beeman, Seneficiary Witness Shelia Darby Brown,Beneficiary Witness La Darby Dun orf, Beneficiary IV Witness Eileen Darby Mulroy,Beneficiary K- fZ Witness Karen Darby eam, Beneficiary T' Witness M Darb ayas-Bazan,Yen. A� Witne Michae arb , Benefici fitness o qPalhrick Darby,Benef i ry Exhjbj*+ LAST WILL AND TESTAMENT OF INACLAIRE DARBY 1, INACLAIRE DARBY, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament,revoking all wills and codicils at any time heretofore made by me. I live with my husband who retired from the military service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of'my estate,and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest oi- penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: I give all real estate ouTiod by me at the time of my death. and all rights that I have under any related insurance policies, to my husband,MELVIN G. DARBY,if he survives me. THIRD: I give all the rest, residue and remainder of my property and estate, both real and personal,of whatever kind and wherever located,that I own or to which I shall be in any manner entitled at the time of my death(collectively referred to as my"residuary estate"),as follows: (a) If my husband,MELVIN G. DARBY,survives me,to my husband outright. (b) If my husband does not survive me, then to those of my children (BARBARA DARBY BEEMAN, SHELIA DARBY BROWN, LAURA DARBY DUNDORF, EILEENDARBY MULROY, KAREN DARBY BREAM,MARY DARBY ZAYAS-BAZAN, MICHAEL DARBY and JOHN PATRICK DARBY) who survive me and to the issue who survive me of those of my children who shall not survive me,per stirpes. (c) If my husband does not survive me and there shall be no issue of mine then living, I give my residuary estate to those who would take from me as if I were then to die without a will,unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. FOURTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary;or use the whole or any part for the health,education, maintenance and support of the beneficiary;or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto,even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one (21) years, and may hold the same as a separate fund for the.beneficiary with all of the powers described in Article SIXTH hereof. If the ben- eficiary dies before attaining said age,any balance shall be paid and distributed to the estate of the beneficiary. FIFTH: I appoint my husband, MELVIN G. DARBY, to be my Executor. If my husband does not survive me,or shall fail to qualify for any reason as my Executor,or having qualified shall die,resign or cease to act for any reason as my Executor, I appoint my daughter, KAREN DARBY BREAM, as my Executor. If my daughter, KAREN DARBY BREAM, shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my son, JOHN PATRICK DARBY, as my at no Executor shall be required to file or furnish any bond. surety or other securit,, in ani SIXTH: I grant to my Executor all powers conferred on executors under the Penns%lvama Probate. Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale. exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors,executor,executrix or administrator in office from time to time. SEVENTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. This document was prepared under the authority of 10 U.S.C. §1044 and implementing military regulations and instructions, by Captain Victoria Ko, United States Army, who is licensed to practice law in the State of New York. IN WITNESS WHEREOF, L,INACL. E� RBY. sign my name and publish and declare this instrument as my last will and testament this �day of 2005. INACLAIRE DARBY !� The foregoing instrument was signed, published and declared by INACLAIRE DARBY, the above-named Testatrix, to be her last will and testament in our presence, all being present at the same time,and we, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses on the date above written. P t C lel having an address at CA 1 is./& 1°1� 1 12c) t.�t�� t,• '�torn�.og having an address at 2 ACKNOWLEDGMENT_SND AFFI.DAVIT CONI ION-WEALTH OF PENNSYLVANIA. COL\-TY OF CUMBERLAND. ss. We, the Testatrix and the witnesses, whose names are signed to the attached or foreeoins instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix, INACLAIRE- DARBY, signed and executed said instrument as her last will and testament in the presence and hearing of the witnesses, and that she had signed willingly, and that she executed it as her free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testatrix,in the presence and hearing of the Testatrix and each other, signed the will as witness, and that to the best of his or her knowledge the Testatrix was at the time at least eighteen years of age or emancipated, of sound mind and under no constraint, duress, fraud or undue influence. INACLAIRE DARBY Testatrix o)' print: Witness print: L-ollen 'j'0og1JP1S Witness Subscribed, sworn to and acknowledged before me by the s 'd INACL DARBY, Testatrix, and subscribed and sworn to before me by the above-named wit esses, this day of k =l 2005. .0 No ry Public My commission expires on COMMONWEAL i'H OF PENNSYLVANIA Notarial Seal ' I Betty S.Kistler,NL)ian Public I t t Carlisle Bora,Cumrx,dand County My Commission Expires May 14,2009 I Member.Pennsyivan a Association of Notaries