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Home My WebLink About09-25-06 (2) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2005-00954 -~--------------------------------------------------~------------------------- Estate of Dorothy M. Hutton aIkIa Dorothy Martsolf Hutton DECEASED Late of South Middleton Township, Cumberland County, PA ------------------------------------------------------------------------------ FAMILY SElTLEMENT AGREEMENT AND RELEASE OF JANE M. HUlTON, ADMINISTRATOR Date of Death: September 17,2005 Letters Granted: June 2, 2006 First Complete Advertisement of Grant of Letters: December 26, 2005 Account stated to August 31, 2006 \.!d" "(" ," , ,,:"n" V \../1...... \~,; ,~j~.)(Ji'\. IJ I' '("r'~ r L: "U' " " , :'~" " :, '0 .J.O, I ,) ,;,I\'.,T10G :10 W:G1J Trlcia DA Naylor" ~ 104 South Hanover Street Carlisle, PA 17013 (717) 243-7437 ~ S :01 ~~~ S Z d3S 900l ('-j l;/\,~ ..~,r-, ...J J '4,,11 ..1[...) r) jJ' I '0 r-'r r,,,-, "1 ...;j' U~' ,~jl I I"';',j ~v u ~~UJ~~~ v AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE TInS AGREEMENT, by and among Jane M. Hutton, Administrator of the Estate of Dorothy M. Hutton a/k/a Dorothy MartsolfHutton, Deceased and the Estate of Robert D. Hutton, Deceased, Jane M. Hutton, Robert D. Hutton, Jr., and William R. Hutton. WHEREAS, Dorothy M. Hutton a/k/a Dorothy MartsolfHutton died September 17, 2005, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Dorothy M. Hutton alkJa Dorothy Martsolf Hutton dated January 21, 1997, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 2005-00954 (a copy of the Will is attached hereto and marked Exhibit A); and and WHEREAS, Letters Testamentary were issued to Robert D. Hutton on October 28,2005; WHEREAS, Robert D. Hutton died on May 15,2006; and WHEREAS, Letters Administration d.b.n.c.t.a were issued to Jane M. Hutton on June 2, 2006; and WHEREAS, said Administrator has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; .and WHEREAS, Item Fourth of the Decedent's Will provides that after the Decedent's death, the Decedent's Trustee shall invest and manage all the property not allocated to the Marital Deduction Trust as a separate trust, referred to as the Residuary Trust, and make distributions as follows: A. If the Decedent's husband, ROBERT D. HUTION, survives the Decedent, during his lifetime: (i) The net income shall be paid to him in monthly or other convenient installments; (ii) as much of the principal as the Decedent's trustee may from time to time think desirable, taking into account funds available from other sources, for the health, support, maintenance or education of the Decedent's husband or any of the Decedent's children either shall be paid to that person or shall be applied directly for those purposes. However, none of the principal of this trust shall be paid or applied for the benefit of the Decedent's husband unless the principal of the marital deduction trust bas been exhausted; and (iii) After the Marital Deduction Trust has been exhausted (or after the Decedent's death if no Marital Deduction Trost will be established), the Decedent's husband shall have the right in each calendar year to withdraw from the principal up to $5,000 at any time and, in addition, ifhe is living on December 31 of any year, to withdraw up to 5% of the fair market value of the principal determined on December 31 of that year (the amount subject to withdrawal as of December 31 to be reduced by any prior withdrawals during that year, any rights of withdrawals for a particular year to lapse if not exercised during that year). B. Upon the death of Decedent's husband, ifhe survives her, or her death if she survives him, the Trustee shall distribute the entire remaining principal of this TIUSt in equal shares to the Decedent's children JANE M. HUTION, of 31 0 North Lime Street, Apartment #4, Lancaster, Pennsylvania; ROBERT D. HUITON, JR., of Box 185, Hoonah, Alaska 99829; and WILLIAM R. HUTTON, of 1109 Furuhelm, Sitka, Alaska 99835, per stirpes, and not per capita. Any income earned by the Trust as of the date of the death of the Decedent's husband, and not yet distributed to him, shall be an asset of his estate and shall be distributed in accordance with the terms of his Will. WHEREAS, no Marital Deduction Trust was established by the Decedent's estate. The Decedent's husband, Robert D. Hutton, reserved his right to receive income and principal distributions under Item Fourth, Paragraph A., Sub-paragraphs (i) and (ii) of the Decedent's Will. The Decedent's husband, Robert D. Hutton, disclaimed the right to any principal distributions allowed under Item Fourth, Paragraph A., Sub-paragraph (iii) of the Decedent's Will. WHEREAS, the Decedent's children, disclaimed the right to any principal distributions allowed under Item Fourth, Paragraph A., Sub-paragraph (ii) of the Decedent's Will. Said children did not disclaim any rights to distributions that they may have under Item Fourth, Paragraph B. WHEREAS, the Estate of Robert D. Hutton, Deceased, Jane M. Hutton, Robert D. Hutton, Jr. and William R. Hutton have been furnished with a complete listing of the estate assets, receipts and disbursetnents; 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. Estate of Robert D. Hutton, Deceased, Jane M. Hutton, Robert D. Hutton, Jr. and William R. Hutton do hereby release and forever discharge Jane M. Hutton, Administrator, 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 Administrator of the Estate of Dorothy M. Hutton alk/a Dorothy Martsolf Hutton, 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 tenus 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. ~p& "'''.):1.1 r .2006. I Witness ~ ~ L_~ n{. J~J By: Jane M. Hutton, Executor of the Estate of Robert D. Hutton, Deceased, Beneficiary J ~ ~, ,t-:.f~ J / Jane M. Hutton, Administrator and B~cfY ~J-: ~.oi.-4ilA Robert D. Hutton, Jr., Beneficiary ~.,;.,R fhrlk William R. Hutton, Beneficiary Witness aP-- Witness