HomeMy WebLinkAbout03-06-06
RHOADS
& SINON LLP
Shawn D. Funk, Paralegal
Phone (717) 231-6671
Fax (717) 232-1459
sfunk@rhoads-sinon.com
FILE NO 2952/02
March 1,2006
Re: Estate of Charles G. Britton, Jr.
Ms. Glenda Famer-Strasbaugh
Register of Wills
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013
Dear Ms. Strasbaugh:
Enclosed for filing please find an Approval of Account, Receipt, Release and
Indemnification Agreement in the above-referenced matter. Please time stamp the additional
enclosed copy and return it to the undersigned in the enclosed envelope. Also enclosed please
find our check in the amount of $5.00 to cover the filing fees.
If you have any questions or comments regarding the enclosed filing, please contact the
undersigned.
Very truly yours,
By:
Enclosures
cc: Mrs. Linda C. Goddard (w/o encl)
598588.1
Rhoads &: Sinon LLP · Attorneys at Law · Twelfth Floor · One South Market Square · P.O. Box 1146
Harrisburg, PA 17108-1146. ph (717) 233-5731 · fx (717) 232-1459. www.rhoads-sinon.com
IN RE: THE ESTATE OF
CHARLES G. BRITTON, JR.
DECEASED
) IN" THE COURT OF CO:MMON PLEAS OF
) CUMBERLAND COUNTY, PENNSYLVANIA
) ORPHANS' COURT DNISION
)
) NO. 2005-00273
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APPROVAL OF ACCOUNT.. RECEIPT" RELEASE AND INDEMNIFICATION \ \
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WHEREAS, CHARLES G. BRITTON, JR. (the ''Decedent'') died March 1~;:'f.005,
leaving a Will dated July 8, 1992 (the "Will") which was duly probated in Cumberland County,
Pennsylvania, on March 29, 2005; and
WHEREAS, Linda C. Goddard was appointed as Executrix of the Estate
("Executrix"); and
WHEREAS, ITEM III of the Will bequeaths Decedent's personal effects and
household articles to his then living children, Linda C. Goddard and Charles G. Bntton, III (the
''Beneficiaries'');
WHEREAS, ITEM N of the Will provides for a Two Thousand Dollar ($2,000.00)
cash bequest to JOHN D. COLLWS which has been paid in full; and
WHEREAS, ITEM V of the Will provides for a Two Thousand Dollar ($2,000.00)
cash bequest to 1\1ICHAEL COLLWS which has been paid in full; and
WHEREAS, ITEM VI of the Will provides for a Two Thousand Dollar ($2,000.00)
cash bequest to AMY M. BRAND which has been paid in full; and
WHEREAS, the Pennsylvania Inheritance Tax Return has been filed, taxes have been
paid on all assets in the Estate and administration of the Estate is nearly complete, with the exception
of the filing of fiduciary returns; and
WHEREAS, the Beneficiaries desire that distribution of the Estate be made without
the expense, delay and formality of a court accounting; and
590137.]
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WHEREAS, the Executrix is willing to consent to making such distribution upon
receipt of a proper approval of account, receipt, release and indemnification, which it is the purpose of
this Agreement to provide.
NOW THEREFORE, the undersigned Beneficiaries, for themselves, their heirs,
administrators, and assigns:
1. State that they have examined the First and Final Account and the Statement of
Proposed Distribution attached hereto as Exhibit "A" (the "Account") and approve the transactions
and distributions set forth or proposed therein (and the administration of the Estate generally) as
though they were contained in a formal accounting which had been confirmed absolutely by the Court
having jurisdiction over the Estate.
2. Waive the filing and auditing of the Account by any Court and agree that any
Court having jurisdiction over the Estate may confirm the Account and Proposed Distribution.
3. Aclmowledge receipt from the Executrix of the assets shown as being
distributed to them in the Account or distributable to them in the Statement of Proposed Distribution in
absolute payment and full satisfaction of the bequests to them under Decedent's Will.
4. Do hereby absolutely and irrevocably release, remise, quitclaim and forever
discharge the said Executrix, her heirs and personal representatives, of and from all actions, suits,
payments, accounts, reckonings, claims and demands whatsoever for or by reason of her action as
Executrix, as set forth in the Account.
5. Do hereby absolutely and irrevocably release the Executrix from filing any
Account, Petition for Distribution or other document with the Court of Common Pleas of Cumberland
County, Pennsylvania, or in any other jurisdiction in connection with the Estate of the said Decedent.
6. Do hereby agree to indemnify the Executrix and hold her harmless, to the
extent of the Estate assets received by the undersigned, from and against any and all claims, loss,
2
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liability or damage (including legal fees and costs) which she may suffer or to which she may be
subjected by reason of the administration of the Estate or the distribution of the assets of the Estate
~ithout having formal approval of the Court of Common Pleas, Orphans' Court Division, of
Cumberland County, Pennsylvania, or any other jurisdiction.
This Agreement may be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
This instrument shall be legally binding upon the undersigned and their heirs,
administrators and assigns.
IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seal this
i ~ day of Je()NaJ\~_, 2006.
mda C. Goddard, individually and as ecutrix
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COMMONWEALTH OF PENNSYLVANIA )
) 58:
COUNTY OF )
On this, the -1'G+I'I day of ~ 2006, before me, a Notary Public, the
undersigned officer, personally appeared LINDA C. GODDARD, mown to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that she executed the same for the purposes therein contained.
IN" WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
(SEAL)
kh OJ '20)0
. ~.
C01\1MONWEALTH OF PENN8YL VANIA)
) 58:
COUNTY OF )
On this, the l'3.jJ'J day of ~ 2006, before me, a Notary Public, the
undersigned officer, personally appeared CHARLES G. BRITTON, III, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
aclmowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~
. Notary P b 'c
My Commission Expires:
(SEAL) t="~b 0 ~ 20 \ 0