The URL can be used to link to this page

Home My WebLink About02-22-06 ,.. Lf - ) , I \""'; t \ i c:'. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-05-0276 ESTATE OF THORNTON E. IRELAND, DECEASED Late of Carlisle , PA F AMIL Y SETTLEMENT AGREEMENT AND RELEASE OF JOHN C. OSZUSTOWICZ, EXECUTOR Date of Death: February 6, 2005 Letters Granted: March 24,2005 First Complete Advertisement of Grant of Letters: May 13, 2005 Account stated to December 30, 2005 John C. Oszustowicz, Esq. 104 South Hanover Street Carlisle, PAl 7013 (717) 243-7437 it AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among John C. Oszustowicz, Executor of the Estate of Thornton E. Ireland Deceased and Marilyn Kraje, Thornton Ireland, Jr., Barbara Mowat, Lois Legere. WHEREAS, Thornton E. Ireland died February 6, 2005, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Thomton E. Ireland dated July 15,2004, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-05-0276 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to John C. Oszustowicz on March 24, 2005; and WHEREAS, said Executors have duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in ITEM ONE of his Will, decedent directed Executor to give, devise and bequeath his entire estate, real and personal, equally unto his children. WHEREAS, Marilyn Kraje, Thornton Ireland, Jr., Barbara Mowat, Lois Legere, 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. Marilyn Kraje, Thornton Ireland, Jr., Barbara Mowat, Lois Legere, do hereby release and forever discharge John C. Oszustowicz, 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 Thornton E. Ireland, Deceased, and hereby authorize and request the Orphans' Court Division to charge the same against their 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, executors, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this day of E.>t.~ c .. _~ l ~ (2.- Witness Jo . . 'Jr\L1~ ) ~ Marilyn ., Benefici~ <.~ ~~ I ./ Thornton Ireland, Jr., BeneficIary (B~~ Barbara Mowat, Beneficiary X~~ Lois Legere, eneficiary i:Xh, bI1.' A _ . _.,.~".'~.Il'!~L "'-.----,-------.-~ ~ , LAST WILL AND TEST AMENT OF THORNTON E. IRELAND I, Thornton E. Ireland of Carlisle, Cumberland County, Pennsylvania, declare this as my Last Will and Testament and revoke all wills and codicils which I have previously made. 1. I give, devise and bequeath my entire estate, real and personal, equally unto my children,; however, my son Thornton E. Ireland, Jr.'s share shall be reduced by any amounts, as calculated by John C. Oszustowicz, that I have given to him from July 1, 2004 to the date of my death. 2. Any amount left hereunder to my daughter BARBARA will instead be held in trust for her health and welfare. Payments of 6% per year shall be made as my trustee deems appropriate to my daughter or on her behalf to providers. Payments shall be made quarterly unless more frequent distributions are necessary in the sole discretion of my trustee. This trust shall terminate when my daughter BARBARA reaches age 85 or upon her death. Upon the death of my daughter BARBARA the assets of this trust shall be distributed equally to her children KENNETH TODD and CHRISTINA A. 3. If any of my children predecease me leaving issue, then my grandchildren shall take the share that their parent would have taken per stirpes. Any share of my estate which is distributed to a minor shall be held in a trust for the health, maintenance, education and support of the minor( s) until the minor attains the age of 25 at which time his/her share shall be distributed entirely. Ifany of my children predecease me leaving no issue, then that child's share shall lapse and go to my children that survive me. 4. I currently own my personal residence located at 1045 Hill Place, Carlisle, P A 17013 and its contents (or any subsequent resi<;lence property and contents that I own) jointly with my wife, ELIZABETH and it shall pass by operation of law to my wife at my death and shall not form part of my residuary estate unless my wife predeceases me or is not married to me at my death. In addition to this residence property, I currently own Legg Mason account #360-0220 jointly with my wife. At my death, this account (or any subsequent jointly owned account) shall pass by operation of law to my wife and shall not form part of my residuary estate unless my wife predeceases me or is not married to me at my death. If any beneficiary of my residuary estate brings any legal action whatsoever during my lifetime or after my death) contesting the creation, maintenance, and/or ownership of the properties that I own jointly with my wife, then, notwithstanding any other provision of this will to the contrary, such beneficiary shall receive one thousand dollars ($1,000) and shall not receive any other gift, devise, bequest, share of trust, or other amount to which such beneficiary would otherwise be entitled under this will. 5. I appoint my wife ELIZABETH as Executrix of this Will. If for any reason she shall fail to qualify or cease to act as such during the administration of my estate, I appoint JOHN C. OSZUSTOWICZ as substitute Executor. 6. I appoint JOHN C. OSZUSTOWICZ as Trustee of any trust created hereunder. If JOHN C. OSZUSTOWICZ is unable or unwilling to act as trustee, I appoint TRICIA D. NA YLOR as trustee. If neither JOHN C. OSZUSTOWICZ or rRICIA D. NAYLOR is able or willing to act as trustee, then I appoint ORRSTOWN BANK as trustee. No bond shall be required of any fiduciary named in this will. 7. I have made this will taking into consideration the terms and conditions of a prenuptial agreement that I have entered into with my wife. To the extent that I have provided additional property whether through joint ownership, beneficiary designation or otherwise for my wife than I am required under the terms of the prenuptial agreement, I have done so of my own volition and love for my wife. Nevertheless, I reserve the right to change any provision of property to my wife that are not required by the prenuptial agreement. 8. Any taxes and costs of administration due in the final settlement of my estate shall be paid out of my estate assets before any distributions are made. All of these provisions are effective as of the writing of this will. ~.TII IN~WI~ESS WHEREOF, I have hereunto set my hand and seal thisi<6 day of " ~~~(;' , 2004. . ~~kknJ THORNTON E. IRELAND -( \ Signed, sealed, published, acknowledged and declared by the above- named Testator, THORNTON E. IRELAND, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have eunto subscr" ed our names as witnesses thereto. ()}!I2J~<>~~) '~W~'L_/~ ,--Pj Of /~~v 'JL' -It Of jl'rf~wl1 !tIf/AK . COUNTY OF CUMBERLAND ) ) ) ss: COMMONWEALTH OF PENNSYLVANIA I, THORNTON E. IRELAND, 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 ~. oses therein cont.~.. '. ed. J: ~ THORNTON E. IRELAND Sworn to or affirmed and Acknowledged before me by THORNTON E. IRELAND the Testator, this ~')-'rN day o,~_ ~,t, ,\ . ' 2004. ;/ '~_ (0 " ot:rr;~itc L~ (J NotaJiaJ Seal . Pamela J. Kuenzje, Notary Public South Middleton Twp., Cumber1and County My Oommisston Expires Sept 18, 2006 ~. ~Assodation otNotarles COUNTY OF CUMBERLAND ) ) ) ss: COMMONWEALTH OF PENNSYLVANIA 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 purpose 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. /', ~ ! - . ......"... :-~_._.. _. -. r- . -; ,./ "-,- ic /<~ L' t-f."'-#~ ^---' cz.~;;:L ~,"- Z2- Notarial Seal Pamela J. Kuenzie, Notary Public South Middleton Twp., Cumber1and County My Commission Expires Sept. 18, 2006 Member. Pennsylvania Association Of Notaries