i i. . . , . .. . . . . . . . . , . .. . . . .. . . c.,,,(79) acres. shall be sold for its then fair...
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10212002 14 33 FAX 7813221663 KELL CALLA FALLON 002
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(A C 54
COMMONwEALTH OF MASSACHUSETTS
To THE HONORALE Tt1E JUptJ$ OF fUE PROBATE COlJlT IN AND FOR THE COUNTY OFM1DOLE
RESPECTFULLY represents J9P
iewbm
in the County of Middlese
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petUioner that he brings this petition against ArldCavearChlInger5011 of I Jy in the
untyof
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I respondenL S I and alleges them to be aiI of the parties interested in the matter
of said petition and further represents that a petition praying for the allowance of acertain insLrument as the wil of At MKrhlate of b in said Countyof Middlesex) is now pending in said
Court lhat an agreement tied herewith providing for a c mpromise of a controversyI which has arisen conceming the probate of said instrument has been executed by YOO
peUtion who is- the persoJ) named as executor rein-by all the persons claiming as devisees or legatees
whose interest wil be affected by the compromise and by those claiming the estateas jntest te
Wherefore your petiioner pray that said Court wil authorize said petitioner to adjust said controvers cordanee wUhthe terms ofsaid compromise agreement
Dated Lhis
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1021 2002 1 34 FAX 7813221663 KELL CALLA FALLON ~003
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COMMONWEALTH OF MASSACHUSETTS
Middlesex 55 PROBATE COURT
In Equity b 2002
On the petition in equity of I
of in the County of mddJa6eJ
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the person named as executor in an instrument purporting to be the last wil
of lm Iate of lksw in said County dec-eased
petitioner against Goo l+
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respondents
praying lhat Lhe Court wil authorize the petitioner tb adju l by compromise in accord-ii 1
Ii anee wjLh the terms of a c mpromise agreement fied with said petition controversy
which has arisen over the probate of said wilj1
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and it being found by the Court ll1al said compromise is just and Ii reasonable in retation Lo the partie5 in being and in its effert upon any future contingent
Iii I jIII intelsls that may arise und r said will I I t II Il is decreed that said i)etitioner be authorized lo adjust said cOntroversy in ac-
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I cordullce with the terms or said compromise agreement
00 Judge of Probate Court
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1021 200 2 14 34 FAX 7813221663 KELL CALLA FALLON ~004
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I ETrSCOMMONWEALTH OF MASSACI-U
PROBATE AND FAMILY COURTMIDDLESEX SS DOCKET NO OIP- 0274 EP
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I IN RE Estate of Ann M Krochmal
AGREEMENT FOR COMI)ROMISE OF WILL
I WHEREAS Ann M Krchmal (Decedent) died testate on J muary 2 2001
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WHEREAS John Cave (Petitioner) fied a Petiton ror Probate of Wil Without
It ureties on Januar 18 2001 requesting this Court prove and allow the pllrported Last Wil and Testament of the Decedent dated April 6 1999 and appoin( him E)(eC(lltof
thereunder
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WHEREAS Cherl Ingersoll and Arnold Cave (Respondcntg) on or aboutii
Februar 8 2001 filed appearace and objections to toe Petition of John Qwe
WHEREAS Jolm Cave Cheryl Ihgersoll and Arnold Cave (Parties) are all of lheI known heirs at law of the Decedent and are ar(the devfsees and legatees of the Decedem s purported Last Wil and TestflJent dated April 6 1999
WHEREAS all parties hereto have entered into this Compromise Agreement nd that such compromise made in writiJg shall when approved by
the COl1 be valid and binding upon all interests and that lhe COlin may enter a decree accordingly for each and all of the purposes set forth herein
(Agreement) to the
NOW THREFORE the pnrLies being desirous of avoiding the expeme delay and unc rtainty pertaining to connected with and resi)lting from pending and potential future liligation of the various complh ated issues and O1at ers in dispute and for the
onlloversies and mailers purpose of compromising and finally ijdjudicating an iss1 flOW in dispute or which might hereafter come into controversy agree as follows
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1) The purprted Wil of the Decedent dated April 6 1999 may be proved and
allowed and Petftioner John Cav may be appointed Executor thereunder with ut surety on his bond
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I 2) Distribution of the Decedents Estate shall be mad pursuant to the terms of
the April 6 1999 Wil hh the exc ption Article Firsl therein which shall be
modified in accordance with provisions (3) iand (4) below I i
3) The pioviSiOns of Article Frst shal Ol b iven effect if hin twenty one I I (21) years of the date of this Agreement any portion of the seventy nine (79) li
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dent and more pal1icular)yacres of Wilmington land owned by the De described as parcels 2 and 3 in a deed dated January 10 1962 find recorded in
Deeds at Book 1543 Page 38 (79 acres ) orI Middlesex North Registry o
any portibn of the three (3) parcels ofland owed by Petitioner and moreMiddlesex North Registry ofpRri ularly described in deed recorded at th
IIi1 Deeds at Book 2525 Page 44 (John Cave land ) should be sold or cease to
any portion of either the seventy-nine (79) be operated or utilzed as a farm If
II acres or the John Cave land should be sold Qr cease to be operated as a farm en the seventy-ninei within the aforementioned twenty-one (21) year period il1
proceeds I
(79) acres shall be sold for its then fair market value and the therefrom shall be divided equally by and among John Cave Cheryl Ingersoll and Arnold Cave
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I 4) Exempted from the application ofprovision (3) above shall be ttwt parcel of I
the John Cave land owned by John and Jan Cave and upon which their is currently situated provided that in the event of a sale ofprimar residenc
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said parcel neithr John Cave nor Jan Cav may estahlish a repI8 ement i i (79) acres Also no r sidenceresidepce on any portio) of the sev ntynio
i-i i shall be bunt on the seventy-nine (79) acre parcel regardless of whethcr or not
I their primary residence is soid I
5) The paries agree tht the terms ofprovisions (3) and (4) above may be given effect by the recording of restrictive covenants or similar instruments encumbering the subject realty at the applicable Registry of Deeds and agree to execute any and aU such documents deemed necessary andor covenient forthat purose
fPetitioner John Cave as Executor 01 the 6) Notwithsanding the appointment
independently communicateDecedent s Wil he shall not be auth01ized to
I and make decisions regarding e claims of the EPA related to the seventy-nine (79) acres These communications l1egotiations or decisions shall be
made onw with the agreement and input ofArnold Cave and Cheryl Ingersoll or through an attorney or other intermedinry chosen for that purpose by agreement of all parties If the paries are unable to agree as to any decisions
regarding the rcferenced EP A claims or as to the i(Jontily of an attorney or I that th Counother intermediary retained for that purpos then they agr
may appoint a disinterested person for that purpose The parties further agree that the sum of Five Tholsand ($500000) Dollars from the Decedcntts estate
(6) months from the dateshall be retah1ed in escrow for a period of up to of this Agreement for the purpose of paying any such agreed upon or couri
appointed attomey or intennediary Any of the escrowed funds not used to
parti s Any expensespay (or said services shall be distributed equally La the
ill
I of such representation above and beyond the amollnl of the escrowed funds II shall be borne equally by the parties
1021 20 14 35 FAX 7813221663 KELL CALLA FALLON ~006
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The pares agree tbat counsel fees in an amount not to exceed twenty
thousand ($20 00000) dollars for the PetitiQner and twenty thousand ($2000000) dollars for the Respondents combined shull be paid or reimbur ed from the Estate prior to any distribution to the purties
8) The paries agree that the cpsts ofindependenl appraisals obtainet by prioretitioner and Respon(ints shan be paid or reimbursed from the E5tal
to any disbursements to the parties in accordance with tempora order of this
Court da ed May 1 2002
9) The teons agreements and provisions of this Agreement shpll enure to and be binding upon the heirs administrat9rs exe(futors successors and nssigns of the parties hereto
10) This Agrment shall become effective and binding upon aU parties hereto
forthWi upon its approval by the Court lpon the entry ofa decree ofLhe
Court approving this Agreement the rights of all parlies hereto shall become veste and determined Each and every party hereto waives all rights of exception and appeal from the decree approving this Agreement
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10212 002 14 35 FAX 7813221663 KELL CALLA FALLON ~007
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IN WITNSS WHREOF the pares
instrument this day of
Petitioner John Cave
hereto have e1 their hands IUd seals to this
2002
Rend Cherl Jno shy
Respondent Arnold Cave
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Patrick P MacDona1 Esq Attorney for Petitioner LAW OFFICES
CHRSTOPHER O fALLON 15 Ferry S1r Malden MA 02148 (781) 322-3050
BO 558 J 84
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10212002 14 35 FAX 7813221663 KELL CALLA FALLON ~008
1 IN W TNSS WHEREqE the p
Instrment thIs day of
iC tq ave set their hands and seals lO this 2002
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I I Pet ner John Cave spondenL Cheryl Ingersoll
Respondenl Arnold Cav
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Patrick P - MacDonald Esq Brian Bixby Esq Artomey for Petitioner Ingrid Schroffner Esq
LAW OFFICES OF Attorneys for Respondents
I CHRSTOPHER G FALLON P 15 Ferry Street
111 BURNS amp LEVINSON LLP 125 Summer Street
Malden MA 02148 Boston MA 02110 (781) 322-3050 (617) 345 3000 BBO 558184 BHG 044140
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1021120 t2 14 35 FAX 7813221663 KELL CALLA FALLON ~009
EXHIBIT
LAST WILL AND TEST AMENT
ANN M KROCHMAL of Saugus in the County of Essex and
ommonwealth of Massachusetts declare this to be my last Will and hereby revoke all
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former Wils and Codicils
After the payment of my funeral expenses and aU legally enforceable debts and
I charges against my estate I give devise and bequeath as follows
I 11 FIRST 1 give and devise my real estate located in Wilminglon Middlesex i II
)enty-nine (79) 8(fres of landCounty Massachusetts consisting of approximately se
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more particularly desCfribed as Parc ls 2 and 3 in a deed dated J anllary 10 1962 nndI recorded in Middlesex North Registr of Deeds in Book 1543 Page 3 5 (79 acres ) to
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my son JOlIN C CAVE provided that the above-referenced hilel as well as the three
tts owned by11 (3) pnrc ls of land located in Tewksbury Middlesex County Masslchus
if wife Jan M Cave and more parLicularly described in deedI my son John C Cave and hi
recorded at the Middlesex North Registry ofri eds at Book 2525 Page 44 (John Cave
land ) upon which they currently op rate a farm a 9gether operlltedutilzed as a (arm
I for a period oftwenty one (21) years ftom the date of the allowance of this my Last Wil
If within the and Testament by the Middlesex County Probate and Family Courtii
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i referenced twenty-one (21) year period any portion of either the seventy-nine (79) acres
or the John Cave land are sold andor cease to be operatedutilized as fI fanl1 then 1 direct 1
market vlue and the proceedsthat the seventy-nine (79) acres be sold for its then fair IIIf I
Cheryl d therctTom be divided equally by an among my three children John C Cave
Ingersoll and Arnold Cave il
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Compromise Will of
Ann M Krochmal Page 1
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1021200 14 35 FAX 7813221663 KELL CALLA FALLON ~010
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epted from the application ofthe above shall be thu pDlcel of the John Cave
land upon which his primary residence is situated provided that in the event of a sale ofJ 1 said parcel neither John Cav nor Jan Cave may establish a replacemen1 residence on
and further provided Lhat no residence is built any ponion of the seventy-nine (79) acres
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referenced twenty-one (21) yearupon the seventy-nine (79) acres at any time during thI
period regardless of whether John and Jan Cave s residence is sold
SECOND To my daughter CHERYL INGERSOLL if she survives me 1 give my
two (2) diamond rings
Iii THTRD I give all the rest residue and remainder of my properly both renl and h J I r personal of whatev r kind and wherever situated as follows
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third ( 13) to my son JOtIN G CAVE if he survives mcI I A
I I otheIWise to his issue surviVing me by right of representation
B One-third (13) to my son ARNOLD CAVE ifh ives me
otherwse to his issue surviving me by right of representation
C One-third (13) to my daughter CHERYL INGERSOLL if
1111 survives me otherwise to her issu surviving Ole by right of
representation
FOURTH Any ban or brokerage accounts toat are joint accounts are joint for the
sake of convenience only The funds therein shall not be considered a gift to the surviving
with the provisions of ARTICLEjoint owner but shall rather be distrbuted in accordanc I JI THREE hereund
FIFTH I direct that an estate succession legacy inheriu1nce or other trnsfer1-i taxes however d signted that shall become payable by reason of m death whelher on
1 ill- I I
11 Compromise Will of
Ann M Krochmal Page 2
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
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IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
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SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
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I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
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appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
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above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
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Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
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ANN M KROCHMAL i
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ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
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I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
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I Nmar Iblk Judith A Cla My Commission expires 53)02
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CQmpromise Wil or I
Ann M Krochmal Page 5
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IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
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(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
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10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
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1021 2002 1 34 FAX 7813221663 KELL CALLA FALLON ~003
I
COMMONWEALTH OF MASSACHUSETTS
Middlesex 55 PROBATE COURT
In Equity b 2002
On the petition in equity of I
of in the County of mddJa6eJ
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the person named as executor in an instrument purporting to be the last wil
of lm Iate of lksw in said County dec-eased
petitioner against Goo l+
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respondents
praying lhat Lhe Court wil authorize the petitioner tb adju l by compromise in accord-ii 1
Ii anee wjLh the terms of a c mpromise agreement fied with said petition controversy
which has arisen over the probate of said wilj1
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and it being found by the Court ll1al said compromise is just and Ii reasonable in retation Lo the partie5 in being and in its effert upon any future contingent
Iii I jIII intelsls that may arise und r said will I I t II Il is decreed that said i)etitioner be authorized lo adjust said cOntroversy in ac-
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I cordullce with the terms or said compromise agreement
00 Judge of Probate Court
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1021 200 2 14 34 FAX 7813221663 KELL CALLA FALLON ~004
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I ETrSCOMMONWEALTH OF MASSACI-U
PROBATE AND FAMILY COURTMIDDLESEX SS DOCKET NO OIP- 0274 EP
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I IN RE Estate of Ann M Krochmal
AGREEMENT FOR COMI)ROMISE OF WILL
I WHEREAS Ann M Krchmal (Decedent) died testate on J muary 2 2001
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WHEREAS John Cave (Petitioner) fied a Petiton ror Probate of Wil Without
It ureties on Januar 18 2001 requesting this Court prove and allow the pllrported Last Wil and Testament of the Decedent dated April 6 1999 and appoin( him E)(eC(lltof
thereunder
I
WHEREAS Cherl Ingersoll and Arnold Cave (Respondcntg) on or aboutii
Februar 8 2001 filed appearace and objections to toe Petition of John Qwe
WHEREAS Jolm Cave Cheryl Ihgersoll and Arnold Cave (Parties) are all of lheI known heirs at law of the Decedent and are ar(the devfsees and legatees of the Decedem s purported Last Wil and TestflJent dated April 6 1999
WHEREAS all parties hereto have entered into this Compromise Agreement nd that such compromise made in writiJg shall when approved by
the COl1 be valid and binding upon all interests and that lhe COlin may enter a decree accordingly for each and all of the purposes set forth herein
(Agreement) to the
NOW THREFORE the pnrLies being desirous of avoiding the expeme delay and unc rtainty pertaining to connected with and resi)lting from pending and potential future liligation of the various complh ated issues and O1at ers in dispute and for the
onlloversies and mailers purpose of compromising and finally ijdjudicating an iss1 flOW in dispute or which might hereafter come into controversy agree as follows
1 i i
1) The purprted Wil of the Decedent dated April 6 1999 may be proved and
allowed and Petftioner John Cav may be appointed Executor thereunder with ut surety on his bond
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I 2) Distribution of the Decedents Estate shall be mad pursuant to the terms of
the April 6 1999 Wil hh the exc ption Article Firsl therein which shall be
modified in accordance with provisions (3) iand (4) below I i
3) The pioviSiOns of Article Frst shal Ol b iven effect if hin twenty one I I (21) years of the date of this Agreement any portion of the seventy nine (79) li
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I
dent and more pal1icular)yacres of Wilmington land owned by the De described as parcels 2 and 3 in a deed dated January 10 1962 find recorded in
Deeds at Book 1543 Page 38 (79 acres ) orI Middlesex North Registry o
any portibn of the three (3) parcels ofland owed by Petitioner and moreMiddlesex North Registry ofpRri ularly described in deed recorded at th
IIi1 Deeds at Book 2525 Page 44 (John Cave land ) should be sold or cease to
any portion of either the seventy-nine (79) be operated or utilzed as a farm If
II acres or the John Cave land should be sold Qr cease to be operated as a farm en the seventy-ninei within the aforementioned twenty-one (21) year period il1
proceeds I
(79) acres shall be sold for its then fair market value and the therefrom shall be divided equally by and among John Cave Cheryl Ingersoll and Arnold Cave
Ii
I 4) Exempted from the application ofprovision (3) above shall be ttwt parcel of I
the John Cave land owned by John and Jan Cave and upon which their is currently situated provided that in the event of a sale ofprimar residenc
i r I
said parcel neithr John Cave nor Jan Cav may estahlish a repI8 ement i i (79) acres Also no r sidenceresidepce on any portio) of the sev ntynio
i-i i shall be bunt on the seventy-nine (79) acre parcel regardless of whethcr or not
I their primary residence is soid I
5) The paries agree tht the terms ofprovisions (3) and (4) above may be given effect by the recording of restrictive covenants or similar instruments encumbering the subject realty at the applicable Registry of Deeds and agree to execute any and aU such documents deemed necessary andor covenient forthat purose
fPetitioner John Cave as Executor 01 the 6) Notwithsanding the appointment
independently communicateDecedent s Wil he shall not be auth01ized to
I and make decisions regarding e claims of the EPA related to the seventy-nine (79) acres These communications l1egotiations or decisions shall be
made onw with the agreement and input ofArnold Cave and Cheryl Ingersoll or through an attorney or other intermedinry chosen for that purpose by agreement of all parties If the paries are unable to agree as to any decisions
regarding the rcferenced EP A claims or as to the i(Jontily of an attorney or I that th Counother intermediary retained for that purpos then they agr
may appoint a disinterested person for that purpose The parties further agree that the sum of Five Tholsand ($500000) Dollars from the Decedcntts estate
(6) months from the dateshall be retah1ed in escrow for a period of up to of this Agreement for the purpose of paying any such agreed upon or couri
appointed attomey or intennediary Any of the escrowed funds not used to
parti s Any expensespay (or said services shall be distributed equally La the
ill
I of such representation above and beyond the amollnl of the escrowed funds II shall be borne equally by the parties
1021 20 14 35 FAX 7813221663 KELL CALLA FALLON ~006
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The pares agree tbat counsel fees in an amount not to exceed twenty
thousand ($20 00000) dollars for the PetitiQner and twenty thousand ($2000000) dollars for the Respondents combined shull be paid or reimbur ed from the Estate prior to any distribution to the purties
8) The paries agree that the cpsts ofindependenl appraisals obtainet by prioretitioner and Respon(ints shan be paid or reimbursed from the E5tal
to any disbursements to the parties in accordance with tempora order of this
Court da ed May 1 2002
9) The teons agreements and provisions of this Agreement shpll enure to and be binding upon the heirs administrat9rs exe(futors successors and nssigns of the parties hereto
10) This Agrment shall become effective and binding upon aU parties hereto
forthWi upon its approval by the Court lpon the entry ofa decree ofLhe
Court approving this Agreement the rights of all parlies hereto shall become veste and determined Each and every party hereto waives all rights of exception and appeal from the decree approving this Agreement
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10212 002 14 35 FAX 7813221663 KELL CALLA FALLON ~007
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IN WITNSS WHREOF the pares
instrument this day of
Petitioner John Cave
hereto have e1 their hands IUd seals to this
2002
Rend Cherl Jno shy
Respondent Arnold Cave
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Patrick P MacDona1 Esq Attorney for Petitioner LAW OFFICES
CHRSTOPHER O fALLON 15 Ferry S1r Malden MA 02148 (781) 322-3050
BO 558 J 84
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071802 11 0 II II 1 Nil 7 I 7 II
10212002 14 35 FAX 7813221663 KELL CALLA FALLON ~008
1 IN W TNSS WHEREqE the p
Instrment thIs day of
iC tq ave set their hands and seals lO this 2002
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I I Pet ner John Cave spondenL Cheryl Ingersoll
Respondenl Arnold Cav
II r
Patrick P - MacDonald Esq Brian Bixby Esq Artomey for Petitioner Ingrid Schroffner Esq
LAW OFFICES OF Attorneys for Respondents
I CHRSTOPHER G FALLON P 15 Ferry Street
111 BURNS amp LEVINSON LLP 125 Summer Street
Malden MA 02148 Boston MA 02110 (781) 322-3050 (617) 345 3000 BBO 558184 BHG 044140
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1021120 t2 14 35 FAX 7813221663 KELL CALLA FALLON ~009
EXHIBIT
LAST WILL AND TEST AMENT
ANN M KROCHMAL of Saugus in the County of Essex and
ommonwealth of Massachusetts declare this to be my last Will and hereby revoke all
1
former Wils and Codicils
After the payment of my funeral expenses and aU legally enforceable debts and
I charges against my estate I give devise and bequeath as follows
I 11 FIRST 1 give and devise my real estate located in Wilminglon Middlesex i II
)enty-nine (79) 8(fres of landCounty Massachusetts consisting of approximately se
Ii
more particularly desCfribed as Parc ls 2 and 3 in a deed dated J anllary 10 1962 nndI recorded in Middlesex North Registr of Deeds in Book 1543 Page 3 5 (79 acres ) to
11
my son JOlIN C CAVE provided that the above-referenced hilel as well as the three
tts owned by11 (3) pnrc ls of land located in Tewksbury Middlesex County Masslchus
if wife Jan M Cave and more parLicularly described in deedI my son John C Cave and hi
recorded at the Middlesex North Registry ofri eds at Book 2525 Page 44 (John Cave
land ) upon which they currently op rate a farm a 9gether operlltedutilzed as a (arm
I for a period oftwenty one (21) years ftom the date of the allowance of this my Last Wil
If within the and Testament by the Middlesex County Probate and Family Courtii
ii
i referenced twenty-one (21) year period any portion of either the seventy-nine (79) acres
or the John Cave land are sold andor cease to be operatedutilized as fI fanl1 then 1 direct 1
market vlue and the proceedsthat the seventy-nine (79) acres be sold for its then fair IIIf I
Cheryl d therctTom be divided equally by an among my three children John C Cave
Ingersoll and Arnold Cave il
I
Compromise Will of
Ann M Krochmal Page 1
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1021200 14 35 FAX 7813221663 KELL CALLA FALLON ~010
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epted from the application ofthe above shall be thu pDlcel of the John Cave
land upon which his primary residence is situated provided that in the event of a sale ofJ 1 said parcel neither John Cav nor Jan Cave may establish a replacemen1 residence on
and further provided Lhat no residence is built any ponion of the seventy-nine (79) acres
1 I
referenced twenty-one (21) yearupon the seventy-nine (79) acres at any time during thI
period regardless of whether John and Jan Cave s residence is sold
SECOND To my daughter CHERYL INGERSOLL if she survives me 1 give my
two (2) diamond rings
Iii THTRD I give all the rest residue and remainder of my properly both renl and h J I r personal of whatev r kind and wherever situated as follows
I r II
r
third ( 13) to my son JOtIN G CAVE if he survives mcI I A
I I otheIWise to his issue surviVing me by right of representation
B One-third (13) to my son ARNOLD CAVE ifh ives me
otherwse to his issue surviving me by right of representation
C One-third (13) to my daughter CHERYL INGERSOLL if
1111 survives me otherwise to her issu surviving Ole by right of
representation
FOURTH Any ban or brokerage accounts toat are joint accounts are joint for the
sake of convenience only The funds therein shall not be considered a gift to the surviving
with the provisions of ARTICLEjoint owner but shall rather be distrbuted in accordanc I JI THREE hereund
FIFTH I direct that an estate succession legacy inheriu1nce or other trnsfer1-i taxes however d signted that shall become payable by reason of m death whelher on
1 ill- I I
11 Compromise Will of
Ann M Krochmal Page 2
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
j Ii i
IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
11
SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
I I
I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
J
appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
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ANN M KROCHMAL i
I
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ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
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I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
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I Nmar Iblk Judith A Cla My Commission expires 53)02
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CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
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IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~016
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
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Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
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1021 200 2 14 34 FAX 7813221663 KELL CALLA FALLON ~004
j
I ETrSCOMMONWEALTH OF MASSACI-U
PROBATE AND FAMILY COURTMIDDLESEX SS DOCKET NO OIP- 0274 EP
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I IN RE Estate of Ann M Krochmal
AGREEMENT FOR COMI)ROMISE OF WILL
I WHEREAS Ann M Krchmal (Decedent) died testate on J muary 2 2001
i i
WHEREAS John Cave (Petitioner) fied a Petiton ror Probate of Wil Without
It ureties on Januar 18 2001 requesting this Court prove and allow the pllrported Last Wil and Testament of the Decedent dated April 6 1999 and appoin( him E)(eC(lltof
thereunder
I
WHEREAS Cherl Ingersoll and Arnold Cave (Respondcntg) on or aboutii
Februar 8 2001 filed appearace and objections to toe Petition of John Qwe
WHEREAS Jolm Cave Cheryl Ihgersoll and Arnold Cave (Parties) are all of lheI known heirs at law of the Decedent and are ar(the devfsees and legatees of the Decedem s purported Last Wil and TestflJent dated April 6 1999
WHEREAS all parties hereto have entered into this Compromise Agreement nd that such compromise made in writiJg shall when approved by
the COl1 be valid and binding upon all interests and that lhe COlin may enter a decree accordingly for each and all of the purposes set forth herein
(Agreement) to the
NOW THREFORE the pnrLies being desirous of avoiding the expeme delay and unc rtainty pertaining to connected with and resi)lting from pending and potential future liligation of the various complh ated issues and O1at ers in dispute and for the
onlloversies and mailers purpose of compromising and finally ijdjudicating an iss1 flOW in dispute or which might hereafter come into controversy agree as follows
1 i i
1) The purprted Wil of the Decedent dated April 6 1999 may be proved and
allowed and Petftioner John Cav may be appointed Executor thereunder with ut surety on his bond
I
I 2) Distribution of the Decedents Estate shall be mad pursuant to the terms of
the April 6 1999 Wil hh the exc ption Article Firsl therein which shall be
modified in accordance with provisions (3) iand (4) below I i
3) The pioviSiOns of Article Frst shal Ol b iven effect if hin twenty one I I (21) years of the date of this Agreement any portion of the seventy nine (79) li
1 I11ro 1
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j -- j j --0212002 14 34 FAX 7813221663 KELL CALLA FALLON ~005
I
dent and more pal1icular)yacres of Wilmington land owned by the De described as parcels 2 and 3 in a deed dated January 10 1962 find recorded in
Deeds at Book 1543 Page 38 (79 acres ) orI Middlesex North Registry o
any portibn of the three (3) parcels ofland owed by Petitioner and moreMiddlesex North Registry ofpRri ularly described in deed recorded at th
IIi1 Deeds at Book 2525 Page 44 (John Cave land ) should be sold or cease to
any portion of either the seventy-nine (79) be operated or utilzed as a farm If
II acres or the John Cave land should be sold Qr cease to be operated as a farm en the seventy-ninei within the aforementioned twenty-one (21) year period il1
proceeds I
(79) acres shall be sold for its then fair market value and the therefrom shall be divided equally by and among John Cave Cheryl Ingersoll and Arnold Cave
Ii
I 4) Exempted from the application ofprovision (3) above shall be ttwt parcel of I
the John Cave land owned by John and Jan Cave and upon which their is currently situated provided that in the event of a sale ofprimar residenc
i r I
said parcel neithr John Cave nor Jan Cav may estahlish a repI8 ement i i (79) acres Also no r sidenceresidepce on any portio) of the sev ntynio
i-i i shall be bunt on the seventy-nine (79) acre parcel regardless of whethcr or not
I their primary residence is soid I
5) The paries agree tht the terms ofprovisions (3) and (4) above may be given effect by the recording of restrictive covenants or similar instruments encumbering the subject realty at the applicable Registry of Deeds and agree to execute any and aU such documents deemed necessary andor covenient forthat purose
fPetitioner John Cave as Executor 01 the 6) Notwithsanding the appointment
independently communicateDecedent s Wil he shall not be auth01ized to
I and make decisions regarding e claims of the EPA related to the seventy-nine (79) acres These communications l1egotiations or decisions shall be
made onw with the agreement and input ofArnold Cave and Cheryl Ingersoll or through an attorney or other intermedinry chosen for that purpose by agreement of all parties If the paries are unable to agree as to any decisions
regarding the rcferenced EP A claims or as to the i(Jontily of an attorney or I that th Counother intermediary retained for that purpos then they agr
may appoint a disinterested person for that purpose The parties further agree that the sum of Five Tholsand ($500000) Dollars from the Decedcntts estate
(6) months from the dateshall be retah1ed in escrow for a period of up to of this Agreement for the purpose of paying any such agreed upon or couri
appointed attomey or intennediary Any of the escrowed funds not used to
parti s Any expensespay (or said services shall be distributed equally La the
ill
I of such representation above and beyond the amollnl of the escrowed funds II shall be borne equally by the parties
1021 20 14 35 FAX 7813221663 KELL CALLA FALLON ~006
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The pares agree tbat counsel fees in an amount not to exceed twenty
thousand ($20 00000) dollars for the PetitiQner and twenty thousand ($2000000) dollars for the Respondents combined shull be paid or reimbur ed from the Estate prior to any distribution to the purties
8) The paries agree that the cpsts ofindependenl appraisals obtainet by prioretitioner and Respon(ints shan be paid or reimbursed from the E5tal
to any disbursements to the parties in accordance with tempora order of this
Court da ed May 1 2002
9) The teons agreements and provisions of this Agreement shpll enure to and be binding upon the heirs administrat9rs exe(futors successors and nssigns of the parties hereto
10) This Agrment shall become effective and binding upon aU parties hereto
forthWi upon its approval by the Court lpon the entry ofa decree ofLhe
Court approving this Agreement the rights of all parlies hereto shall become veste and determined Each and every party hereto waives all rights of exception and appeal from the decree approving this Agreement
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10212 002 14 35 FAX 7813221663 KELL CALLA FALLON ~007
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IN WITNSS WHREOF the pares
instrument this day of
Petitioner John Cave
hereto have e1 their hands IUd seals to this
2002
Rend Cherl Jno shy
Respondent Arnold Cave
J
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III
Patrick P MacDona1 Esq Attorney for Petitioner LAW OFFICES
CHRSTOPHER O fALLON 15 Ferry S1r Malden MA 02148 (781) 322-3050
BO 558 J 84
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071802 11 0 II II 1 Nil 7 I 7 II
10212002 14 35 FAX 7813221663 KELL CALLA FALLON ~008
1 IN W TNSS WHEREqE the p
Instrment thIs day of
iC tq ave set their hands and seals lO this 2002
I
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1
I I Pet ner John Cave spondenL Cheryl Ingersoll
Respondenl Arnold Cav
II r
Patrick P - MacDonald Esq Brian Bixby Esq Artomey for Petitioner Ingrid Schroffner Esq
LAW OFFICES OF Attorneys for Respondents
I CHRSTOPHER G FALLON P 15 Ferry Street
111 BURNS amp LEVINSON LLP 125 Summer Street
Malden MA 02148 Boston MA 02110 (781) 322-3050 (617) 345 3000 BBO 558184 BHG 044140
1
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III
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1021120 t2 14 35 FAX 7813221663 KELL CALLA FALLON ~009
EXHIBIT
LAST WILL AND TEST AMENT
ANN M KROCHMAL of Saugus in the County of Essex and
ommonwealth of Massachusetts declare this to be my last Will and hereby revoke all
1
former Wils and Codicils
After the payment of my funeral expenses and aU legally enforceable debts and
I charges against my estate I give devise and bequeath as follows
I 11 FIRST 1 give and devise my real estate located in Wilminglon Middlesex i II
)enty-nine (79) 8(fres of landCounty Massachusetts consisting of approximately se
Ii
more particularly desCfribed as Parc ls 2 and 3 in a deed dated J anllary 10 1962 nndI recorded in Middlesex North Registr of Deeds in Book 1543 Page 3 5 (79 acres ) to
11
my son JOlIN C CAVE provided that the above-referenced hilel as well as the three
tts owned by11 (3) pnrc ls of land located in Tewksbury Middlesex County Masslchus
if wife Jan M Cave and more parLicularly described in deedI my son John C Cave and hi
recorded at the Middlesex North Registry ofri eds at Book 2525 Page 44 (John Cave
land ) upon which they currently op rate a farm a 9gether operlltedutilzed as a (arm
I for a period oftwenty one (21) years ftom the date of the allowance of this my Last Wil
If within the and Testament by the Middlesex County Probate and Family Courtii
ii
i referenced twenty-one (21) year period any portion of either the seventy-nine (79) acres
or the John Cave land are sold andor cease to be operatedutilized as fI fanl1 then 1 direct 1
market vlue and the proceedsthat the seventy-nine (79) acres be sold for its then fair IIIf I
Cheryl d therctTom be divided equally by an among my three children John C Cave
Ingersoll and Arnold Cave il
I
Compromise Will of
Ann M Krochmal Page 1
--
1021200 14 35 FAX 7813221663 KELL CALLA FALLON ~010
(
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epted from the application ofthe above shall be thu pDlcel of the John Cave
land upon which his primary residence is situated provided that in the event of a sale ofJ 1 said parcel neither John Cav nor Jan Cave may establish a replacemen1 residence on
and further provided Lhat no residence is built any ponion of the seventy-nine (79) acres
1 I
referenced twenty-one (21) yearupon the seventy-nine (79) acres at any time during thI
period regardless of whether John and Jan Cave s residence is sold
SECOND To my daughter CHERYL INGERSOLL if she survives me 1 give my
two (2) diamond rings
Iii THTRD I give all the rest residue and remainder of my properly both renl and h J I r personal of whatev r kind and wherever situated as follows
I r II
r
third ( 13) to my son JOtIN G CAVE if he survives mcI I A
I I otheIWise to his issue surviVing me by right of representation
B One-third (13) to my son ARNOLD CAVE ifh ives me
otherwse to his issue surviving me by right of representation
C One-third (13) to my daughter CHERYL INGERSOLL if
1111 survives me otherwise to her issu surviving Ole by right of
representation
FOURTH Any ban or brokerage accounts toat are joint accounts are joint for the
sake of convenience only The funds therein shall not be considered a gift to the surviving
with the provisions of ARTICLEjoint owner but shall rather be distrbuted in accordanc I JI THREE hereund
FIFTH I direct that an estate succession legacy inheriu1nce or other trnsfer1-i taxes however d signted that shall become payable by reason of m death whelher on
1 ill- I I
11 Compromise Will of
Ann M Krochmal Page 2
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
j Ii i
IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
11
SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
I I
I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
J
appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
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ANN M KROCHMAL i
I
i I II
ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
Ii
I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
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I Nmar Iblk Judith A Cla My Commission expires 53)02
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CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
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IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
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Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
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COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
j -- j j --0212002 14 34 FAX 7813221663 KELL CALLA FALLON ~005
I
dent and more pal1icular)yacres of Wilmington land owned by the De described as parcels 2 and 3 in a deed dated January 10 1962 find recorded in
Deeds at Book 1543 Page 38 (79 acres ) orI Middlesex North Registry o
any portibn of the three (3) parcels ofland owed by Petitioner and moreMiddlesex North Registry ofpRri ularly described in deed recorded at th
IIi1 Deeds at Book 2525 Page 44 (John Cave land ) should be sold or cease to
any portion of either the seventy-nine (79) be operated or utilzed as a farm If
II acres or the John Cave land should be sold Qr cease to be operated as a farm en the seventy-ninei within the aforementioned twenty-one (21) year period il1
proceeds I
(79) acres shall be sold for its then fair market value and the therefrom shall be divided equally by and among John Cave Cheryl Ingersoll and Arnold Cave
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I 4) Exempted from the application ofprovision (3) above shall be ttwt parcel of I
the John Cave land owned by John and Jan Cave and upon which their is currently situated provided that in the event of a sale ofprimar residenc
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said parcel neithr John Cave nor Jan Cav may estahlish a repI8 ement i i (79) acres Also no r sidenceresidepce on any portio) of the sev ntynio
i-i i shall be bunt on the seventy-nine (79) acre parcel regardless of whethcr or not
I their primary residence is soid I
5) The paries agree tht the terms ofprovisions (3) and (4) above may be given effect by the recording of restrictive covenants or similar instruments encumbering the subject realty at the applicable Registry of Deeds and agree to execute any and aU such documents deemed necessary andor covenient forthat purose
fPetitioner John Cave as Executor 01 the 6) Notwithsanding the appointment
independently communicateDecedent s Wil he shall not be auth01ized to
I and make decisions regarding e claims of the EPA related to the seventy-nine (79) acres These communications l1egotiations or decisions shall be
made onw with the agreement and input ofArnold Cave and Cheryl Ingersoll or through an attorney or other intermedinry chosen for that purpose by agreement of all parties If the paries are unable to agree as to any decisions
regarding the rcferenced EP A claims or as to the i(Jontily of an attorney or I that th Counother intermediary retained for that purpos then they agr
may appoint a disinterested person for that purpose The parties further agree that the sum of Five Tholsand ($500000) Dollars from the Decedcntts estate
(6) months from the dateshall be retah1ed in escrow for a period of up to of this Agreement for the purpose of paying any such agreed upon or couri
appointed attomey or intennediary Any of the escrowed funds not used to
parti s Any expensespay (or said services shall be distributed equally La the
ill
I of such representation above and beyond the amollnl of the escrowed funds II shall be borne equally by the parties
1021 20 14 35 FAX 7813221663 KELL CALLA FALLON ~006
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The pares agree tbat counsel fees in an amount not to exceed twenty
thousand ($20 00000) dollars for the PetitiQner and twenty thousand ($2000000) dollars for the Respondents combined shull be paid or reimbur ed from the Estate prior to any distribution to the purties
8) The paries agree that the cpsts ofindependenl appraisals obtainet by prioretitioner and Respon(ints shan be paid or reimbursed from the E5tal
to any disbursements to the parties in accordance with tempora order of this
Court da ed May 1 2002
9) The teons agreements and provisions of this Agreement shpll enure to and be binding upon the heirs administrat9rs exe(futors successors and nssigns of the parties hereto
10) This Agrment shall become effective and binding upon aU parties hereto
forthWi upon its approval by the Court lpon the entry ofa decree ofLhe
Court approving this Agreement the rights of all parlies hereto shall become veste and determined Each and every party hereto waives all rights of exception and appeal from the decree approving this Agreement
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10212 002 14 35 FAX 7813221663 KELL CALLA FALLON ~007
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IN WITNSS WHREOF the pares
instrument this day of
Petitioner John Cave
hereto have e1 their hands IUd seals to this
2002
Rend Cherl Jno shy
Respondent Arnold Cave
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Patrick P MacDona1 Esq Attorney for Petitioner LAW OFFICES
CHRSTOPHER O fALLON 15 Ferry S1r Malden MA 02148 (781) 322-3050
BO 558 J 84
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10212002 14 35 FAX 7813221663 KELL CALLA FALLON ~008
1 IN W TNSS WHEREqE the p
Instrment thIs day of
iC tq ave set their hands and seals lO this 2002
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I I Pet ner John Cave spondenL Cheryl Ingersoll
Respondenl Arnold Cav
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Patrick P - MacDonald Esq Brian Bixby Esq Artomey for Petitioner Ingrid Schroffner Esq
LAW OFFICES OF Attorneys for Respondents
I CHRSTOPHER G FALLON P 15 Ferry Street
111 BURNS amp LEVINSON LLP 125 Summer Street
Malden MA 02148 Boston MA 02110 (781) 322-3050 (617) 345 3000 BBO 558184 BHG 044140
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1021120 t2 14 35 FAX 7813221663 KELL CALLA FALLON ~009
EXHIBIT
LAST WILL AND TEST AMENT
ANN M KROCHMAL of Saugus in the County of Essex and
ommonwealth of Massachusetts declare this to be my last Will and hereby revoke all
1
former Wils and Codicils
After the payment of my funeral expenses and aU legally enforceable debts and
I charges against my estate I give devise and bequeath as follows
I 11 FIRST 1 give and devise my real estate located in Wilminglon Middlesex i II
)enty-nine (79) 8(fres of landCounty Massachusetts consisting of approximately se
Ii
more particularly desCfribed as Parc ls 2 and 3 in a deed dated J anllary 10 1962 nndI recorded in Middlesex North Registr of Deeds in Book 1543 Page 3 5 (79 acres ) to
11
my son JOlIN C CAVE provided that the above-referenced hilel as well as the three
tts owned by11 (3) pnrc ls of land located in Tewksbury Middlesex County Masslchus
if wife Jan M Cave and more parLicularly described in deedI my son John C Cave and hi
recorded at the Middlesex North Registry ofri eds at Book 2525 Page 44 (John Cave
land ) upon which they currently op rate a farm a 9gether operlltedutilzed as a (arm
I for a period oftwenty one (21) years ftom the date of the allowance of this my Last Wil
If within the and Testament by the Middlesex County Probate and Family Courtii
ii
i referenced twenty-one (21) year period any portion of either the seventy-nine (79) acres
or the John Cave land are sold andor cease to be operatedutilized as fI fanl1 then 1 direct 1
market vlue and the proceedsthat the seventy-nine (79) acres be sold for its then fair IIIf I
Cheryl d therctTom be divided equally by an among my three children John C Cave
Ingersoll and Arnold Cave il
I
Compromise Will of
Ann M Krochmal Page 1
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1021200 14 35 FAX 7813221663 KELL CALLA FALLON ~010
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epted from the application ofthe above shall be thu pDlcel of the John Cave
land upon which his primary residence is situated provided that in the event of a sale ofJ 1 said parcel neither John Cav nor Jan Cave may establish a replacemen1 residence on
and further provided Lhat no residence is built any ponion of the seventy-nine (79) acres
1 I
referenced twenty-one (21) yearupon the seventy-nine (79) acres at any time during thI
period regardless of whether John and Jan Cave s residence is sold
SECOND To my daughter CHERYL INGERSOLL if she survives me 1 give my
two (2) diamond rings
Iii THTRD I give all the rest residue and remainder of my properly both renl and h J I r personal of whatev r kind and wherever situated as follows
I r II
r
third ( 13) to my son JOtIN G CAVE if he survives mcI I A
I I otheIWise to his issue surviVing me by right of representation
B One-third (13) to my son ARNOLD CAVE ifh ives me
otherwse to his issue surviving me by right of representation
C One-third (13) to my daughter CHERYL INGERSOLL if
1111 survives me otherwise to her issu surviving Ole by right of
representation
FOURTH Any ban or brokerage accounts toat are joint accounts are joint for the
sake of convenience only The funds therein shall not be considered a gift to the surviving
with the provisions of ARTICLEjoint owner but shall rather be distrbuted in accordanc I JI THREE hereund
FIFTH I direct that an estate succession legacy inheriu1nce or other trnsfer1-i taxes however d signted that shall become payable by reason of m death whelher on
1 ill- I I
11 Compromise Will of
Ann M Krochmal Page 2
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
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IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
11
SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
I I
I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
J
appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
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ANN M KROCHMAL i
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ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
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I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
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I Nmar Iblk Judith A Cla My Commission expires 53)02
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CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
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IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
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10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
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COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
1021 20 14 35 FAX 7813221663 KELL CALLA FALLON ~006
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The pares agree tbat counsel fees in an amount not to exceed twenty
thousand ($20 00000) dollars for the PetitiQner and twenty thousand ($2000000) dollars for the Respondents combined shull be paid or reimbur ed from the Estate prior to any distribution to the purties
8) The paries agree that the cpsts ofindependenl appraisals obtainet by prioretitioner and Respon(ints shan be paid or reimbursed from the E5tal
to any disbursements to the parties in accordance with tempora order of this
Court da ed May 1 2002
9) The teons agreements and provisions of this Agreement shpll enure to and be binding upon the heirs administrat9rs exe(futors successors and nssigns of the parties hereto
10) This Agrment shall become effective and binding upon aU parties hereto
forthWi upon its approval by the Court lpon the entry ofa decree ofLhe
Court approving this Agreement the rights of all parlies hereto shall become veste and determined Each and every party hereto waives all rights of exception and appeal from the decree approving this Agreement
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10212 002 14 35 FAX 7813221663 KELL CALLA FALLON ~007
I1
I 101 n I
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IN WITNSS WHREOF the pares
instrument this day of
Petitioner John Cave
hereto have e1 their hands IUd seals to this
2002
Rend Cherl Jno shy
Respondent Arnold Cave
J
1
III
Patrick P MacDona1 Esq Attorney for Petitioner LAW OFFICES
CHRSTOPHER O fALLON 15 Ferry S1r Malden MA 02148 (781) 322-3050
BO 558 J 84
li I
i
il
I
I I
071802 11 0 II II 1 Nil 7 I 7 II
10212002 14 35 FAX 7813221663 KELL CALLA FALLON ~008
1 IN W TNSS WHEREqE the p
Instrment thIs day of
iC tq ave set their hands and seals lO this 2002
I
I
1
I I Pet ner John Cave spondenL Cheryl Ingersoll
Respondenl Arnold Cav
II r
Patrick P - MacDonald Esq Brian Bixby Esq Artomey for Petitioner Ingrid Schroffner Esq
LAW OFFICES OF Attorneys for Respondents
I CHRSTOPHER G FALLON P 15 Ferry Street
111 BURNS amp LEVINSON LLP 125 Summer Street
Malden MA 02148 Boston MA 02110 (781) 322-3050 (617) 345 3000 BBO 558184 BHG 044140
1
I
I
iii
II
III
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1021120 t2 14 35 FAX 7813221663 KELL CALLA FALLON ~009
EXHIBIT
LAST WILL AND TEST AMENT
ANN M KROCHMAL of Saugus in the County of Essex and
ommonwealth of Massachusetts declare this to be my last Will and hereby revoke all
1
former Wils and Codicils
After the payment of my funeral expenses and aU legally enforceable debts and
I charges against my estate I give devise and bequeath as follows
I 11 FIRST 1 give and devise my real estate located in Wilminglon Middlesex i II
)enty-nine (79) 8(fres of landCounty Massachusetts consisting of approximately se
Ii
more particularly desCfribed as Parc ls 2 and 3 in a deed dated J anllary 10 1962 nndI recorded in Middlesex North Registr of Deeds in Book 1543 Page 3 5 (79 acres ) to
11
my son JOlIN C CAVE provided that the above-referenced hilel as well as the three
tts owned by11 (3) pnrc ls of land located in Tewksbury Middlesex County Masslchus
if wife Jan M Cave and more parLicularly described in deedI my son John C Cave and hi
recorded at the Middlesex North Registry ofri eds at Book 2525 Page 44 (John Cave
land ) upon which they currently op rate a farm a 9gether operlltedutilzed as a (arm
I for a period oftwenty one (21) years ftom the date of the allowance of this my Last Wil
If within the and Testament by the Middlesex County Probate and Family Courtii
ii
i referenced twenty-one (21) year period any portion of either the seventy-nine (79) acres
or the John Cave land are sold andor cease to be operatedutilized as fI fanl1 then 1 direct 1
market vlue and the proceedsthat the seventy-nine (79) acres be sold for its then fair IIIf I
Cheryl d therctTom be divided equally by an among my three children John C Cave
Ingersoll and Arnold Cave il
I
Compromise Will of
Ann M Krochmal Page 1
--
1021200 14 35 FAX 7813221663 KELL CALLA FALLON ~010
(
o
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II
epted from the application ofthe above shall be thu pDlcel of the John Cave
land upon which his primary residence is situated provided that in the event of a sale ofJ 1 said parcel neither John Cav nor Jan Cave may establish a replacemen1 residence on
and further provided Lhat no residence is built any ponion of the seventy-nine (79) acres
1 I
referenced twenty-one (21) yearupon the seventy-nine (79) acres at any time during thI
period regardless of whether John and Jan Cave s residence is sold
SECOND To my daughter CHERYL INGERSOLL if she survives me 1 give my
two (2) diamond rings
Iii THTRD I give all the rest residue and remainder of my properly both renl and h J I r personal of whatev r kind and wherever situated as follows
I r II
r
third ( 13) to my son JOtIN G CAVE if he survives mcI I A
I I otheIWise to his issue surviVing me by right of representation
B One-third (13) to my son ARNOLD CAVE ifh ives me
otherwse to his issue surviving me by right of representation
C One-third (13) to my daughter CHERYL INGERSOLL if
1111 survives me otherwise to her issu surviving Ole by right of
representation
FOURTH Any ban or brokerage accounts toat are joint accounts are joint for the
sake of convenience only The funds therein shall not be considered a gift to the surviving
with the provisions of ARTICLEjoint owner but shall rather be distrbuted in accordanc I JI THREE hereund
FIFTH I direct that an estate succession legacy inheriu1nce or other trnsfer1-i taxes however d signted that shall become payable by reason of m death whelher on
1 ill- I I
11 Compromise Will of
Ann M Krochmal Page 2
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
j Ii i
IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
11
SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
I I
I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
J
appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
-r
ANN M KROCHMAL i
I
i I II
ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
Ii
I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
1
I Nmar Iblk Judith A Cla My Commission expires 53)02
l I I I 1
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Ii I I I 1
CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
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IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
-- (
I r
I
j p j
10212 002 14 35 FAX 7813221663 KELL CALLA FALLON ~007
I1
I 101 n I
I
IN WITNSS WHREOF the pares
instrument this day of
Petitioner John Cave
hereto have e1 their hands IUd seals to this
2002
Rend Cherl Jno shy
Respondent Arnold Cave
J
1
III
Patrick P MacDona1 Esq Attorney for Petitioner LAW OFFICES
CHRSTOPHER O fALLON 15 Ferry S1r Malden MA 02148 (781) 322-3050
BO 558 J 84
li I
i
il
I
I I
071802 11 0 II II 1 Nil 7 I 7 II
10212002 14 35 FAX 7813221663 KELL CALLA FALLON ~008
1 IN W TNSS WHEREqE the p
Instrment thIs day of
iC tq ave set their hands and seals lO this 2002
I
I
1
I I Pet ner John Cave spondenL Cheryl Ingersoll
Respondenl Arnold Cav
II r
Patrick P - MacDonald Esq Brian Bixby Esq Artomey for Petitioner Ingrid Schroffner Esq
LAW OFFICES OF Attorneys for Respondents
I CHRSTOPHER G FALLON P 15 Ferry Street
111 BURNS amp LEVINSON LLP 125 Summer Street
Malden MA 02148 Boston MA 02110 (781) 322-3050 (617) 345 3000 BBO 558184 BHG 044140
1
I
I
iii
II
III
- -
1021120 t2 14 35 FAX 7813221663 KELL CALLA FALLON ~009
EXHIBIT
LAST WILL AND TEST AMENT
ANN M KROCHMAL of Saugus in the County of Essex and
ommonwealth of Massachusetts declare this to be my last Will and hereby revoke all
1
former Wils and Codicils
After the payment of my funeral expenses and aU legally enforceable debts and
I charges against my estate I give devise and bequeath as follows
I 11 FIRST 1 give and devise my real estate located in Wilminglon Middlesex i II
)enty-nine (79) 8(fres of landCounty Massachusetts consisting of approximately se
Ii
more particularly desCfribed as Parc ls 2 and 3 in a deed dated J anllary 10 1962 nndI recorded in Middlesex North Registr of Deeds in Book 1543 Page 3 5 (79 acres ) to
11
my son JOlIN C CAVE provided that the above-referenced hilel as well as the three
tts owned by11 (3) pnrc ls of land located in Tewksbury Middlesex County Masslchus
if wife Jan M Cave and more parLicularly described in deedI my son John C Cave and hi
recorded at the Middlesex North Registry ofri eds at Book 2525 Page 44 (John Cave
land ) upon which they currently op rate a farm a 9gether operlltedutilzed as a (arm
I for a period oftwenty one (21) years ftom the date of the allowance of this my Last Wil
If within the and Testament by the Middlesex County Probate and Family Courtii
ii
i referenced twenty-one (21) year period any portion of either the seventy-nine (79) acres
or the John Cave land are sold andor cease to be operatedutilized as fI fanl1 then 1 direct 1
market vlue and the proceedsthat the seventy-nine (79) acres be sold for its then fair IIIf I
Cheryl d therctTom be divided equally by an among my three children John C Cave
Ingersoll and Arnold Cave il
I
Compromise Will of
Ann M Krochmal Page 1
--
1021200 14 35 FAX 7813221663 KELL CALLA FALLON ~010
(
o
II
II
epted from the application ofthe above shall be thu pDlcel of the John Cave
land upon which his primary residence is situated provided that in the event of a sale ofJ 1 said parcel neither John Cav nor Jan Cave may establish a replacemen1 residence on
and further provided Lhat no residence is built any ponion of the seventy-nine (79) acres
1 I
referenced twenty-one (21) yearupon the seventy-nine (79) acres at any time during thI
period regardless of whether John and Jan Cave s residence is sold
SECOND To my daughter CHERYL INGERSOLL if she survives me 1 give my
two (2) diamond rings
Iii THTRD I give all the rest residue and remainder of my properly both renl and h J I r personal of whatev r kind and wherever situated as follows
I r II
r
third ( 13) to my son JOtIN G CAVE if he survives mcI I A
I I otheIWise to his issue surviVing me by right of representation
B One-third (13) to my son ARNOLD CAVE ifh ives me
otherwse to his issue surviving me by right of representation
C One-third (13) to my daughter CHERYL INGERSOLL if
1111 survives me otherwise to her issu surviving Ole by right of
representation
FOURTH Any ban or brokerage accounts toat are joint accounts are joint for the
sake of convenience only The funds therein shall not be considered a gift to the surviving
with the provisions of ARTICLEjoint owner but shall rather be distrbuted in accordanc I JI THREE hereund
FIFTH I direct that an estate succession legacy inheriu1nce or other trnsfer1-i taxes however d signted that shall become payable by reason of m death whelher on
1 ill- I I
11 Compromise Will of
Ann M Krochmal Page 2
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
j Ii i
IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
11
SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
I I
I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
J
appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
-r
ANN M KROCHMAL i
I
i I II
ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
Ii
I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
1
I Nmar Iblk Judith A Cla My Commission expires 53)02
l I I I 1
i
r I
Ii I I I 1
CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
I i COiHv10VE TH QF tL-SSACHCSETTS lit
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IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
10212002 14 35 FAX 7813221663 KELL CALLA FALLON ~008
1 IN W TNSS WHEREqE the p
Instrment thIs day of
iC tq ave set their hands and seals lO this 2002
I
I
1
I I Pet ner John Cave spondenL Cheryl Ingersoll
Respondenl Arnold Cav
II r
Patrick P - MacDonald Esq Brian Bixby Esq Artomey for Petitioner Ingrid Schroffner Esq
LAW OFFICES OF Attorneys for Respondents
I CHRSTOPHER G FALLON P 15 Ferry Street
111 BURNS amp LEVINSON LLP 125 Summer Street
Malden MA 02148 Boston MA 02110 (781) 322-3050 (617) 345 3000 BBO 558184 BHG 044140
1
I
I
iii
II
III
- -
1021120 t2 14 35 FAX 7813221663 KELL CALLA FALLON ~009
EXHIBIT
LAST WILL AND TEST AMENT
ANN M KROCHMAL of Saugus in the County of Essex and
ommonwealth of Massachusetts declare this to be my last Will and hereby revoke all
1
former Wils and Codicils
After the payment of my funeral expenses and aU legally enforceable debts and
I charges against my estate I give devise and bequeath as follows
I 11 FIRST 1 give and devise my real estate located in Wilminglon Middlesex i II
)enty-nine (79) 8(fres of landCounty Massachusetts consisting of approximately se
Ii
more particularly desCfribed as Parc ls 2 and 3 in a deed dated J anllary 10 1962 nndI recorded in Middlesex North Registr of Deeds in Book 1543 Page 3 5 (79 acres ) to
11
my son JOlIN C CAVE provided that the above-referenced hilel as well as the three
tts owned by11 (3) pnrc ls of land located in Tewksbury Middlesex County Masslchus
if wife Jan M Cave and more parLicularly described in deedI my son John C Cave and hi
recorded at the Middlesex North Registry ofri eds at Book 2525 Page 44 (John Cave
land ) upon which they currently op rate a farm a 9gether operlltedutilzed as a (arm
I for a period oftwenty one (21) years ftom the date of the allowance of this my Last Wil
If within the and Testament by the Middlesex County Probate and Family Courtii
ii
i referenced twenty-one (21) year period any portion of either the seventy-nine (79) acres
or the John Cave land are sold andor cease to be operatedutilized as fI fanl1 then 1 direct 1
market vlue and the proceedsthat the seventy-nine (79) acres be sold for its then fair IIIf I
Cheryl d therctTom be divided equally by an among my three children John C Cave
Ingersoll and Arnold Cave il
I
Compromise Will of
Ann M Krochmal Page 1
--
1021200 14 35 FAX 7813221663 KELL CALLA FALLON ~010
(
o
II
II
epted from the application ofthe above shall be thu pDlcel of the John Cave
land upon which his primary residence is situated provided that in the event of a sale ofJ 1 said parcel neither John Cav nor Jan Cave may establish a replacemen1 residence on
and further provided Lhat no residence is built any ponion of the seventy-nine (79) acres
1 I
referenced twenty-one (21) yearupon the seventy-nine (79) acres at any time during thI
period regardless of whether John and Jan Cave s residence is sold
SECOND To my daughter CHERYL INGERSOLL if she survives me 1 give my
two (2) diamond rings
Iii THTRD I give all the rest residue and remainder of my properly both renl and h J I r personal of whatev r kind and wherever situated as follows
I r II
r
third ( 13) to my son JOtIN G CAVE if he survives mcI I A
I I otheIWise to his issue surviVing me by right of representation
B One-third (13) to my son ARNOLD CAVE ifh ives me
otherwse to his issue surviving me by right of representation
C One-third (13) to my daughter CHERYL INGERSOLL if
1111 survives me otherwise to her issu surviving Ole by right of
representation
FOURTH Any ban or brokerage accounts toat are joint accounts are joint for the
sake of convenience only The funds therein shall not be considered a gift to the surviving
with the provisions of ARTICLEjoint owner but shall rather be distrbuted in accordanc I JI THREE hereund
FIFTH I direct that an estate succession legacy inheriu1nce or other trnsfer1-i taxes however d signted that shall become payable by reason of m death whelher on
1 ill- I I
11 Compromise Will of
Ann M Krochmal Page 2
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
j Ii i
IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
11
SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
I I
I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
J
appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
-r
ANN M KROCHMAL i
I
i I II
ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
Ii
I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
1
I Nmar Iblk Judith A Cla My Commission expires 53)02
l I I I 1
i
r I
Ii I I I 1
CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
I i COiHv10VE TH QF tL-SSACHCSETTS lit
I Ti- TKAI COl Ifr il 5
Il IE i F L
L I DC(OCLS
r I I = It-
r cF A I r- 11 k (1( tJ r
S-- CL A T 1)) J 7r
l
IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
rlIU111(I fshy
-J q1 4IfWiS 16 h 04 i- kJ1I (1( Wt JJ(U to Jt tj v ol IIII iJC(l1 (IJ 1=l f huh - II I(d d
pnn-J -1 ftC1 bid p(lrTlr (L) lou tMl p(lao4 I IQ(o(vbr-c-ph
II I (2) TI I i
o fI c-6 frflt f1 R -shld
II i L0it1i C1(lt) u HI d n IJLu lel
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CCWWI fl it JDh (tl fclI t C IClI-( (( 5 Dld
t1-I or- rD tl ((I L- wtampl C O( (CC() ((lI(d r( (+o t
II i ll+ 11 ltel ll (i1 )LJ tfI L-j l( f-lL 1(r h(tfl 50fd
1dp((d cl(u Atflt bL( (i tVV( n rCh c(l1L-(l 4(11 tii
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
- -
1021120 t2 14 35 FAX 7813221663 KELL CALLA FALLON ~009
EXHIBIT
LAST WILL AND TEST AMENT
ANN M KROCHMAL of Saugus in the County of Essex and
ommonwealth of Massachusetts declare this to be my last Will and hereby revoke all
1
former Wils and Codicils
After the payment of my funeral expenses and aU legally enforceable debts and
I charges against my estate I give devise and bequeath as follows
I 11 FIRST 1 give and devise my real estate located in Wilminglon Middlesex i II
)enty-nine (79) 8(fres of landCounty Massachusetts consisting of approximately se
Ii
more particularly desCfribed as Parc ls 2 and 3 in a deed dated J anllary 10 1962 nndI recorded in Middlesex North Registr of Deeds in Book 1543 Page 3 5 (79 acres ) to
11
my son JOlIN C CAVE provided that the above-referenced hilel as well as the three
tts owned by11 (3) pnrc ls of land located in Tewksbury Middlesex County Masslchus
if wife Jan M Cave and more parLicularly described in deedI my son John C Cave and hi
recorded at the Middlesex North Registry ofri eds at Book 2525 Page 44 (John Cave
land ) upon which they currently op rate a farm a 9gether operlltedutilzed as a (arm
I for a period oftwenty one (21) years ftom the date of the allowance of this my Last Wil
If within the and Testament by the Middlesex County Probate and Family Courtii
ii
i referenced twenty-one (21) year period any portion of either the seventy-nine (79) acres
or the John Cave land are sold andor cease to be operatedutilized as fI fanl1 then 1 direct 1
market vlue and the proceedsthat the seventy-nine (79) acres be sold for its then fair IIIf I
Cheryl d therctTom be divided equally by an among my three children John C Cave
Ingersoll and Arnold Cave il
I
Compromise Will of
Ann M Krochmal Page 1
--
1021200 14 35 FAX 7813221663 KELL CALLA FALLON ~010
(
o
II
II
epted from the application ofthe above shall be thu pDlcel of the John Cave
land upon which his primary residence is situated provided that in the event of a sale ofJ 1 said parcel neither John Cav nor Jan Cave may establish a replacemen1 residence on
and further provided Lhat no residence is built any ponion of the seventy-nine (79) acres
1 I
referenced twenty-one (21) yearupon the seventy-nine (79) acres at any time during thI
period regardless of whether John and Jan Cave s residence is sold
SECOND To my daughter CHERYL INGERSOLL if she survives me 1 give my
two (2) diamond rings
Iii THTRD I give all the rest residue and remainder of my properly both renl and h J I r personal of whatev r kind and wherever situated as follows
I r II
r
third ( 13) to my son JOtIN G CAVE if he survives mcI I A
I I otheIWise to his issue surviVing me by right of representation
B One-third (13) to my son ARNOLD CAVE ifh ives me
otherwse to his issue surviving me by right of representation
C One-third (13) to my daughter CHERYL INGERSOLL if
1111 survives me otherwise to her issu surviving Ole by right of
representation
FOURTH Any ban or brokerage accounts toat are joint accounts are joint for the
sake of convenience only The funds therein shall not be considered a gift to the surviving
with the provisions of ARTICLEjoint owner but shall rather be distrbuted in accordanc I JI THREE hereund
FIFTH I direct that an estate succession legacy inheriu1nce or other trnsfer1-i taxes however d signted that shall become payable by reason of m death whelher on
1 ill- I I
11 Compromise Will of
Ann M Krochmal Page 2
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
j Ii i
IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
11
SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
I I
I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
J
appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
-r
ANN M KROCHMAL i
I
i I II
ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
Ii
I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
1
I Nmar Iblk Judith A Cla My Commission expires 53)02
l I I I 1
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Ii I I I 1
CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
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IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~016
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
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Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
--
1021200 14 35 FAX 7813221663 KELL CALLA FALLON ~010
(
o
II
II
epted from the application ofthe above shall be thu pDlcel of the John Cave
land upon which his primary residence is situated provided that in the event of a sale ofJ 1 said parcel neither John Cav nor Jan Cave may establish a replacemen1 residence on
and further provided Lhat no residence is built any ponion of the seventy-nine (79) acres
1 I
referenced twenty-one (21) yearupon the seventy-nine (79) acres at any time during thI
period regardless of whether John and Jan Cave s residence is sold
SECOND To my daughter CHERYL INGERSOLL if she survives me 1 give my
two (2) diamond rings
Iii THTRD I give all the rest residue and remainder of my properly both renl and h J I r personal of whatev r kind and wherever situated as follows
I r II
r
third ( 13) to my son JOtIN G CAVE if he survives mcI I A
I I otheIWise to his issue surviVing me by right of representation
B One-third (13) to my son ARNOLD CAVE ifh ives me
otherwse to his issue surviving me by right of representation
C One-third (13) to my daughter CHERYL INGERSOLL if
1111 survives me otherwise to her issu surviving Ole by right of
representation
FOURTH Any ban or brokerage accounts toat are joint accounts are joint for the
sake of convenience only The funds therein shall not be considered a gift to the surviving
with the provisions of ARTICLEjoint owner but shall rather be distrbuted in accordanc I JI THREE hereund
FIFTH I direct that an estate succession legacy inheriu1nce or other trnsfer1-i taxes however d signted that shall become payable by reason of m death whelher on
1 ill- I I
11 Compromise Will of
Ann M Krochmal Page 2
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
j Ii i
IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
11
SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
I I
I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
J
appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
-r
ANN M KROCHMAL i
I
i I II
ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
Ii
I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
1
I Nmar Iblk Judith A Cla My Commission expires 53)02
l I I I 1
i
r I
Ii I I I 1
CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
I i COiHv10VE TH QF tL-SSACHCSETTS lit
I Ti- TKAI COl Ifr il 5
Il IE i F L
L I DC(OCLS
r I I = It-
r cF A I r- 11 k (1( tJ r
S-- CL A T 1)) J 7r
l
IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
rlIU111(I fshy
-J q1 4IfWiS 16 h 04 i- kJ1I (1( Wt JJ(U to Jt tj v ol IIII iJC(l1 (IJ 1=l f huh - II I(d d
pnn-J -1 ftC1 bid p(lrTlr (L) lou tMl p(lao4 I IQ(o(vbr-c-ph
II I (2) TI I i
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CCWWI fl it JDh (tl fclI t C IClI-( (( 5 Dld
t1-I or- rD tl ((I L- wtampl C O( (CC() ((lI(d r( (+o t
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~016
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~011
j Ii i
IIi pTope y passing under this Wil or othelWise be paid dlt of the residue) of my Estate
The Executor shall have no duty or any obligation to obtain reimbursement for any such
ii taxes paid by him even though on proceeds of insuranGC or other propert not passing
ii under this Wil
11
SIXTH J nomjnate and appoint my son JOHN C CAVE to b the Executor ofI
this my last Will If he is de eased or declines or is unable to serve or ceases to serve
I li C I durng the administration of my Estate then I nominate fmd appoim my son ARNOLD
I I
I r I CAVE to be Execut r I request th t all Executors ap inted under this Wil be exempt
nom giving surety or sureties on their offcial bonds I equest further that any Executors II or Administrators of ths Wil be appointed Tempor (ry Executors Or TemporaryII r
ii i Administrators as the case may be directly upon making application for such
J
appointmem in the Petition for Probate or the Pbtition for Administntion with the Wil
Annexed as the case may be without the necessity of notice and that such Temporary
I Executors and Temp rary Administrators shan thereafter assume slich powers and dUliesi as are provided by law
SEVENTH My Executor in addition to and not in limitation of all common law and
statutory authority shall have full power and authority to s without license fTom any
court either at public or private sale or to exchange lease pledge or mortgage in such
manner and on such terms as he deems advisabie any or all property real or personal
belonging to my Estate and to execute aU deeds assignmens mortgages leases or other
insLmment nece 5ar or proper for these purposes to najust
compromise or otherwse settle claims in favor of or against Lhe estate to make
distribulion of propert in kind and for such purpose to determine the value otslich
Compromise Wil of Ann M Krochmal
Page 3
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
-r
ANN M KROCHMAL i
I
i I II
ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
Ii
I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
1
I Nmar Iblk Judith A Cla My Commission expires 53)02
l I I I 1
i
r I
Ii I I I 1
CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
I i COiHv10VE TH QF tL-SSACHCSETTS lit
I Ti- TKAI COl Ifr il 5
Il IE i F L
L I DC(OCLS
r I I = It-
r cF A I r- 11 k (1( tJ r
S-- CL A T 1)) J 7r
l
IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
rlIU111(I fshy
-J q1 4IfWiS 16 h 04 i- kJ1I (1( Wt JJ(U to Jt tj v ol IIII iJC(l1 (IJ 1=l f huh - II I(d d
pnn-J -1 ftC1 bid p(lrTlr (L) lou tMl p(lao4 I IQ(o(vbr-c-ph
II I (2) TI I i
o fI c-6 frflt f1 R -shld
II i L0it1i C1(lt) u HI d n IJLu lel
i
1fC ((CA d tlth (A-
Th((1rfCtvr rt- Vl cl (I (fti
3 p i1 o hl 0I-(( lll( C(t 5(tfhdlrDr rL( t-II ld ((nI E)( Ilod I J rA a
CCWWI fl it JDh (tl fclI t C IClI-( (( 5 Dld
t1-I or- rD tl ((I L- wtampl C O( (CC() ((lI(d r( (+o t
II i ll+ 11 ltel ll (i1 )LJ tfI L-j l( f-lL 1(r h(tfl 50fd
1dp((d cl(u Atflt bL( (i tVV( n rCh c(l1L-(l 4(11 tii
IHllV1(1 1IrtUr 1 (11f A(t Clcl (L 0( hi S (V (in SltilCaUL
LLhi tloEIe-( t ILl to c I II t(u 1t (1 h-i-t At 114
bC jJrDLI d hqf -1(( ptlY(J I SO l1g l(t k11P1 I- INn- I h I I r
(ve r)
11
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11 -1 1 I
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~016
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~012
property to ret y securities or other property own d by me at lhe time of my deathin
altholgh the same may not be a proper investment to pny compromise or settle any
taxes whether on present or filture int rests and generally to do my and all such aCLS and
things and execute any and all such written instruments with respect 0 such properly as if
the absolute owner thereof
I II
EIGHTH Any Administtor or S1cceedillg Executor shall have all the powers given11
il
above 10 my ExeCutor No Executor or Administrator shall be liable for any error in
judgment or for fything oiler than his or her own wilful defaull It
11 I NINTH In any proceeding for the allowance of ny acCount of the Execulor or
Administrator I request thatrepreseluation of the interest of persons unborn 01
I unascerained or of a minor or other petson under disabilty and not reptesented by a
duly appoint d Gu rdian or Conservator be dt pensed with to lhe extent pennitted by I
law so long as all other interested parties have assented in writing to the allowance of the
CcOllnt and any person who fails to object in writing to an account within thirty (3D)
I1 days of notice thereof shall for all purposes bedeemed to have assented theretoIJ Iii I IN VITNSS WHEREOF I AN M KRPCHMAL the undersign
testatrix do h reby dec1are that I sgn and execute this ument as my last Wil that r t
1
Isjgn it willngly in the presence of each oflhe undersigned witnesses and that I execuLe it
I It as my free and voluntar act for the purposes herein expressed this 6 day of April 1999
I
-r
ANN M KROCHMAL i
I
i I II
ii Ccmpromia8 Will of Ann M Krochmal
Page 4
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
Ii
I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
1
I Nmar Iblk Judith A Cla My Commission expires 53)02
l I I I 1
i
r I
Ii I I I 1
CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
I i COiHv10VE TH QF tL-SSACHCSETTS lit
I Ti- TKAI COl Ifr il 5
Il IE i F L
L I DC(OCLS
r I I = It-
r cF A I r- 11 k (1( tJ r
S-- CL A T 1)) J 7r
l
IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
rlIU111(I fshy
-J q1 4IfWiS 16 h 04 i- kJ1I (1( Wt JJ(U to Jt tj v ol IIII iJC(l1 (IJ 1=l f huh - II I(d d
pnn-J -1 ftC1 bid p(lrTlr (L) lou tMl p(lao4 I IQ(o(vbr-c-ph
II I (2) TI I i
o fI c-6 frflt f1 R -shld
II i L0it1i C1(lt) u HI d n IJLu lel
i
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CCWWI fl it JDh (tl fclI t C IClI-( (( 5 Dld
t1-I or- rD tl ((I L- wtampl C O( (CC() ((lI(d r( (+o t
II i ll+ 11 ltel ll (i1 )LJ tfI L-j l( f-lL 1(r h(tfl 50fd
1dp((d cl(u Atflt bL( (i tVV( n rCh c(l1L-(l 4(11 tii
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~016
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~013
Ii
I the undersigned witnesses each do hereby declare in the presence of the aforesaid testatrix that the testatr lS her last wil in thesigned and eeculed this instruIl1enl
presence of each of us that the testatrix signed it wilingly that each of us hereby signs this wil as witness in the presence of the lestatrix and thallo the best of our knowledge
r the testalrix is eighteen years of age or over ofsmmd mind and under no constraint or undue intluence
223 E Foster Street
Melrse M 02176
12 Mt Vernn St 121)i -I Li Cf( 1 Melrose MA 02176
COMMONWEALTH OF MASSACHUSETfS
County of Middlesex I
Subscribed sworn to and acknowledged before me by 1he said lestatrix and witnesses this 6111 day of April 1999
I
1
I Nmar Iblk Judith A Cla My Commission expires 53)02
l I I I 1
i
r I
Ii I I I 1
CQmpromise Wil or I
Ann M Krochmal Page 5
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
I i COiHv10VE TH QF tL-SSACHCSETTS lit
I Ti- TKAI COl Ifr il 5
Il IE i F L
L I DC(OCLS
r I I = It-
r cF A I r- 11 k (1( tJ r
S-- CL A T 1)) J 7r
l
IT IS HEREay AG EDSTIPllA TED TH- T TH FQLLOh1C SH-LL BE -l-DE A ORD
T OF THIS COURTJUDGE(E (IIts(1) Di-rilalltllS lf Ol Udh R-tr IC rtrdlf
rlIU111(I fshy
-J q1 4IfWiS 16 h 04 i- kJ1I (1( Wt JJ(U to Jt tj v ol IIII iJC(l1 (IJ 1=l f huh - II I(d d
pnn-J -1 ftC1 bid p(lrTlr (L) lou tMl p(lao4 I IQ(o(vbr-c-ph
II I (2) TI I i
o fI c-6 frflt f1 R -shld
II i L0it1i C1(lt) u HI d n IJLu lel
i
1fC ((CA d tlth (A-
Th((1rfCtvr rt- Vl cl (I (fti
3 p i1 o hl 0I-(( lll( C(t 5(tfhdlrDr rL( t-II ld ((nI E)( Ilod I J rA a
CCWWI fl it JDh (tl fclI t C IClI-( (( 5 Dld
t1-I or- rD tl ((I L- wtampl C O( (CC() ((lI(d r( (+o t
II i ll+ 11 ltel ll (i1 )LJ tfI L-j l( f-lL 1(r h(tfl 50fd
1dp((d cl(u Atflt bL( (i tVV( n rCh c(l1L-(l 4(11 tii
IHllV1(1 1IrtUr 1 (11f A(t Clcl (L 0( hi S (V (in SltilCaUL
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bC jJrDLI d hqf -1(( ptlY(J I SO l1g l(t k11P1 I- INn- I h I I r
(ve r)
11
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11 -1 1 I
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
I I t1Lt2LLtil 1 ll
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~016
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
- = = - - - - - - ) ~~~~ ~~~ ( -= ( (( - - 10212002 14 36 FAX 7813221663 KELL CALLA FALLON ~014
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) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
~~~ - - - -- -- - -- - ----- ---- ----- --- ---- ------ ----- ---- _- - - - -- - -- ----- - ~~~~~~) - - - - - -( j -------- j -
11 -1 1 I
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~015
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~016
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
~~~ j ) j
10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~016
r I
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10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
10212002 14 37 FAX 7813221663 KELL CALLA FALLON ~017
) )
Commonwealth of Massaohusetts I
The Trial Court1ilesex Divsion Probato and Family Cou Department OlP-0274EDockot No
I
(X without
E1rBond of ) with personai Surety (type Dr IIduclary) i ) with Corpora Surety
An M Name of Estate
Name and Address of RdUQlar JoP c- Ca
133 00UeStimated Real EstateIj 1
Penal Sum 0 Bond f applQable) II I
II I utor I the undersigned fiduciary aQCept appointment as
to pershyform the statutory conditions of ald bQnd end dectare t e above estima e to be to my - our best knowledge and and stand boundbelief
I II I 7(ItJLi i I te I
ith personal sur(Qpmplete below only if ths is a bond
es) I We the undersigoed asauretiolJ stand bOund JolnOypnd severally In the aforeliad penal sum to perform the
stautory condition ii
Penin9J Surety s Name and Adress
Signature
Peni nal Surety s Name and Address
Signatura
e above sureties ara in my opinion sufficient
CiLyor TownSignature Olice
(complete below only if this Is a Surety Company Bond)
We 1he und rslgned surety company a corporation duly organized by law under the stale of and having a usual place of business In
(MQtschUloUI Ilrep)
stand bound as iurety In the aforesaid penal sum 10 perform the stalutory condition
I Coal8 Sllr (name) SlglIl an llU
9S 20 examined and approved
CJp 28 (11119) JusUao-Aulslio-Regislor-01 The ProbOle Clod Family coun
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~018 10 It-c II1
LAST WILL AND TESTAMENT
1 ANN M KROCHMAL or Saugus in the County of Essex and Commonwealth
and hereby revoke all former Wils and of Massachusetts dcchire this to be my last Wil
Codicils
After the payment of my funeral expenses and all legally enforceable debts an
charges again5t my estate 1 give devise and bequeath as follows
Middlesexmy real estate located in WilmingtonFIRST I give and devise
County Massachusetts consisting of approximately seventy-nine (79) acres of land more
particularly described as Parcels 2 and 3 in a deed dated January 10 1962 and recorded
Page 385 to my son JOHN C CAVEMiddlescJt North Registry of Deeds in Book 1543
if he survives me otherwise Lo my daugluerinlaw JAN M CAVE and my grandson
JOHN M CAVE in equal shares 1 give
SECOND To my daughtcr CHERYL INGERSOLL if she survives me
my two (2) diamond rings
residue and remainder of my property both real andTHIRD I give an the rest
wherever situated as ronowspersonal of whatever kind and survives me
One-third (13) to ny son JOHN C CAVE if he
by right of representationotherwise to his issue surviving me
One-third (13) to my son ARNOLD CAVE ifhe survives me
otherwise to his issue surviving me by right of representatio
K
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
10212 002 14 38 FAX 7813221663 KELL CALLA FALLON ~019
Onc-lhird (13) to rny daughter CHER YL INGERSOLL if she
enlalio survivc me otherwise to her issue surviving me by right of repe
FOURTH Any bank or brokerage accounlS that are joint CCOlHlLS are joint for
3ke or convenience only The funds therein shall not be considered a gift to thethe
Lhe provisions of
surviving joint owner but shall rlher be distributed in accordance wilh
ARTICLE THREE hereunder
FIFTH I ditectthaL all eSlale succession legacy inheriLance or other transfer
by reason of my death whelher ontaxes however designated Lhat shall become payabl
property passing under this Wil or otherwis be paid out of the residue of my Estate The
Executor shall have no duty or 1py obligalion to oblain reimbunement for any such taxes
propert not passing underpaid by him even though on proceeds of insurance or other
this Will
SIXTH I lloIninatc and appoint my 80n JOHN C CAVE to be the Executor of
this my last Will If he is deceased or declines or is unable to serve or ceases to serve
during the adminiSlrmion of my Estate then I nominate and appoint my son ARNOLD
Wil be exemptCA VE to be Executor 1 request that all Executors appointed under this
from giving surety or sureLies on lhei offcial bonds I request furter that any EJlccuton
or Administrators of this Will be appointed Temporary Executors or Temporary
Administrators as the case may be directly upon making application for such
Wilh the Willappointment in the Petition For Probate Or the Petition for AlIrninistration
Annexed as the case may be without the necessity of notice and that such Temporar
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
- -
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~020
ExcelilOrs and Temporlry AJminblnltors -110111 (hereafter assume such powers amI duties
are pruvided by law
SEVENTH My Executor in addition to amI not in limitation of all Iomrnon law
nd authority to sell wiLhout license fromand slalutory authority shall have full power
any court either at puhlic or priv(1te sale or to exchange lease pledge or mortgage in
slich manner and 0 such termS as he deems advisable any or all property real or
personal belonging LO my Estate aod LO execuLe all deeds aS5ignmenlS mortgages
JeaSts or other inslruments necessary or proper for these purposes to adjust
compromise or othefise settle c1aims in favor of or against Lhe estate to lTfke
distribution of properly in kino and for such purpose to determine the value of such
properly to retain any securities or other property owncd by me at tfIe time of my death
although lhe same mOlY not be a proper investment to pay compromise or scltle any taxes
whcther on present or future interests ilnd generally to do anyand all such aClS and things
and exeCUle any and all such written instruments with respect to such property as if the
absolute owner thereuf
EIGHTH Any Administrator or Succeeding Executur shan have alllhc powers
given above to my Executor No Executor or Adminjstr tor shalJ be liable f(lr any error
in judgment or for anything other than his or her own wilful default
NINTH In any proceeding for the al10wance of any account cf the Executor or
AdminiilraLOr I requcst that representation of the interest of pcrsons unborn Qr
unascenained or of a minor or other person under disabilily and not reprcscliled by a duly
appointed Guardian or Conservator be dispcnsed with to the extent penniuetl by law so
fj
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~021
allQwance of the 11 other interested panics have isenteti in writing to the
account iod any person who fails to object in writing to an account within thirty (30)
days of notice thereof shall for all purposes be deemed to have assented thereto
IN WITNESS WHEREOF I ANN M KROCHMAL the undersigned testatrix
my last Wil that I sign
long
do hereby declare thall sign and execuLe this instnlment as
messes and that 1 execute it as mywil1ingty in the presence of each or the undersigned wi
6 -f day ofrce aod volumury act for the purposes herein expressed this
1999
- t ANN M KROCHMAL
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407
-
10212002 14 38 FAX 7813221663 KELL CALLA FALLON ~022
We the undersigned witnesses each du hercby declare in the presence of the ufolcsaid teHutrix that the testatrix signed amI cxccuted this ill t(ument ns her laSl will in Ihe prcscm1 or each or us lhullhc testatrix signed it illingly that each of us hereby -igns this will as witness in the presence of the teslatrix alld that to the best of uur knowledgc Ihe lcstulrix is eighteen years or age or 9ver of sound mind and lllder no constraint or undue innuencc
-id(JeD
ldlt J otl
a A1- l OA I
4iampe(o 1A- VJ7(
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
Subscriled sworn to and acknowledged before me by the said testatd aod witnesses this day of 1999
Q) 0 Nota blic J Vampt Co My COt mission expires$ l I l
- barcode 554407
- barcodetext SDMS Doc ID 554407