Litchfield Hills Probate District letters

Personal and Confidential

aly 19 2010

The Honorable Paul J KnierimOffice of the Probate Court Administrator186 Newington RoadWest Hartford Connecticut 061102320

Dear Judge Knierim

iet

I am submitting this letter to you with reservation and regret However pursuant to Canon 3 SectionD 4 I believe that I have a legal and an ethical responsibility to do so

I have been made aware of the following actions of Judge Diane Blick

1 That she may have violated Canon 3 Section E 2 in Trust Robert G McMurte WarrenNonConf Media Set001Trusts Med Set 0008 Page 03904

2 That she may have violated Canon 3 Section E 2 in Estate of Robert McMurtry Warrendod03252006 Non Conf Med Set0002EstatesMedia Set 0002 Page 04196

3 That she may have violated Canon 3 Section E 2 in Estate of Rosemary McMurtry Warrendod05032006 NonConfMed Set 0002Estates Med Set 0002 Page 42

I do not have direct knowledge of the above nor have I reviewed the referred Estates and Trust and

sincerely wish for all concerned that an investigation by your office determines that the above third

party information is incorrect

This letter is in no way is to be considered a complaint due to my lack of direct knowledge and thesensitive nature of this matter due to my role as Judge Blicks political opponent

Sincerelyi

Patrick J JVali

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STATE OF CONNECTICUT

PAUL J KNIERIM JUDGEProbate Court Administrator

THOMAS E GAFFEYChief Counsel

HELEN B BENNET

Attorney

DEBRA COHEN

Attorney

OFFICE OF THE

PROBATE COURT ADMINISTRATOR186 NEWINGTON ROAD

WEST HARTFORD CT06110

TEL 860 2312442FAX 8602311055

August 25 2010

Honorable Patrick J WallHarwinton Probate CourtTown Hall 100 Bentley Drive

Harwinton CT 06791

Dear Judge Wall

Enclosed please find a copy of the letter and attachments that Judge Diane Blickhas submitted in response to your letter of July 19 2010

Based upon Judge Blicks response I do not intend to take any further action onthis matter Judge Blick had been serving as acoexecutor of the estates of bothRobert G McMurtry and Rosemary McMurtry prior to the time of her election asjudge of the Litchfield Probate Court Following her election she disqualifiedherself as judge from the two matters and took steps within a reasonable periodof time to resign ascoexecutor and to decline to act as cotrustee As requiredby law she filed an accounting for the period preceding her resignation

Please feel free to contact me if you have any questions about this matter

Si c rely

aul J nierimProbate Court Administrator

Attachments

cc Honorable Diane S Blick Judge of Probate District of Litchfield

HON Di Y j

IANE S BLICK rfrF

P O Box 824n i LITCHFIELD CT 06759

860 5678065w860 5679236H

August 3 2010

The Honorable Paul J KnierimOffice ofthe Probate Administrator186 Newington RoadWest Hartford CT 061102320

Dear Judge Knierim

Responding to your phone call regarding the letter to you from Patrick J Wall which you faxed to me I wascertainly surprised to receive such a letter especially from someone other than aparty of interest in the casesreferenced and almost 3 years after my recusal as Judge and resignation as fiduciary in such cases

Mr Wall states in his letter This letter is in no way is to be considered a complaint due to my lack of directknowledge and the sensitive nature ofthis matter due to my role as Judge Blicks political opponent

Inasmuch as Mr Wall has been to this Court to comb through the records and his parttime or former Clerkhas also come to this Court to look through records only on Tuesdays when I sit and hold hearings in Kentarriving after Ihave left for Kent and leaving prior to my return back to Litchfield one can only suspect thatsuch a claim by my opponent in the upcoming election is exactly thatpolitical in nature After all he neverlooked through my records in the first 3 2 years Ihave served Why all of sudden now

I find Mr Walls actions to come to my Court to look for questionable actions on my part to be distastefulunprofessional and less than honorable despite his mea culpa opening statement in his letter

Now the factsRobert McMurtry and Rosemary McMurtry were close personal friends of mine for well over 20 years BobMcMurtry died on March 25 2006 Rosemary McMurtry died on May 3 2006

In each oftheir Wills they appointed their son Andrew their friend and accountant Jim McEvoy and myself asCoExecutors andCoTrustees

Recognizing that it was not appropriate for meto hear this matter now that I wasJudge ofthe Litchfield DistrictProbate Court I sent a Declination or Disqualification Request to Probate Administration on April 12 2007requesting that another Judge be cited in on these matters

On May 2 2007 Judge Lawlor sent a Citation PC33 form to Judge Mark Malley requesting his acceptance tobe cited in on these matters Judge Malley accepted the appointment by signing the PC33 and returning it Ido not know the date on which Judge Malley signed as there is no date near his signature

On May 23 2007 I filed my Resignation to act as CoExecutor and Declination to act as CoTrustee in thesematters

Thereafter Iwas advised by Attorney Grimes attorney ofrecord for the estate that the original Declination toserve as Trustee which I filed was incomplete and therefore needed to be rescinded in favor ofa corrected one

he would draw up Attorney Grimes held the Withdrawal of Declination to Act as Trustee in his file until suchtime as he would file all documents with the Court In the meantime my original Declination to Act was in theCourt record Iwas expected to file and it was my fiduciary responsibility to file Final Accounts for eachestate covering the period from when I was appointed in each matter to the date of my resignations I

proceeded to do just that in a timely manner even though these wereextremely complicated estates so that theCourt could formally release me from serving after due hearing

My Withdrawal of the Declination to Act as Trustee and the corrected Declination to Act as Trustee drawn byAttorney Grimes were both filed simultaneously on September 10 2007 along with the Mutual DistributionAgreements and Final Accounts

NOTE A review of the documents in the file finds that the imprint of the Courts received date stampprints in red ink copy enclosed but does not show up on the laser fiche scan ofthis or any other documents inthis file or any other file

These estates were most complex due to the questionable activities of the son Andrew both prior to hisparents deaths and after their deaths In order for me to fulfill my fiduciary responsibility to present properFinal Accounts we had to gather information which was not easily forthcoming from Andrew or the banks andfinancial institutions involved It was a long and protracted undertaking Once all information was finallyprovided we were prepared to submit Final Accounts which would complete my fiduciary responsibilitiesHowever immediately following the actual signing ofthe Final Accounts on June 29 2007 Andrew notified us

that he would not authorize the filing of the Final Accounts in the Court as he felt after thinking about itovernight that he still had issues about items in the Final Accounts relating to him which still needed to beresolved The filing of the Final Accounts were held back until all issues were resolved and we could fileproper accountings

It was not until September 2007 that all issues were finally resolved resulting in the filing of all documentsincluding the Mutual Distribution Agreements and the Final Accounts Andrew McMurtry also resigned andJim McEvoy continued on as the Sole Fiduciary in both estates and all trusts All documents relating to thecompletion of my fiduciary responsibilities and the filing of my Final Accounts were filed with the Court on

September 10 2007

I enclose a copy of Judge Malleys decree regarding my resignations and the filing ofthe Mutual DistributionAgreements and the Final Accounts for your information

Only Mr McEvoy as sole fiduciary completed administration of both estates and submitted his Final Accountswhich wereaccepted and approved by Judge Malley

Certainly if Mr Wall had any questions he could have asked me before lodging these allegations with ProbateAdministration in an effort to intentionally and maliciously dirty my clean record

Iunderstand Probate Administration must investigate all complaints However I trust Probate Administrationdoes not give weight or credibility to bar room gossip witch hunts or noncomplaints of alleged

anonymous third parties I find it extremely distasteful and unprofessional of a Probate Judge to make suchserious accusations and allegations of professional misconduct especially since he did not name the partymaking such an allegation he did not specify when he was made aware of such alleged misconduct and he didnot have direct knowledge of the above nor have I reviewed the referred Estates and Trust as stated in MrWalls letter ofnoncomplaint

As professionals we certainly would not allow such socalled evidence or hearsay to have any place or

standing in our courtrooms ofintegrity

I trust this answers your inquiry Best regards

Sincerely

Diane S Blick

DECREEPC160 RFV303

STATE OI CONNECTICUT RECORDEDCOURT OF PR013ATE

COURT OF PROBATE DISTRICT OF Litchfield llISTRICT NO 074

ESTATE OFIN TIIE MATTER OF

Rosemary E McMurtry 060050

At a court of probate held at the time and place of hearing set by the Court together with any continuancesthereof as of record appears on the petitionersapplication For the acceptance of the resignations ofDiane S Blickand Andrew R McMurtry the allowance of the account covering the time period from March 26 2006 through May22 2007 a final account of Diane S Blick and Andrew R McMurtry an interim account for James McEvoy andthe approval of a Mutual Distribution Agreement dated September 4 2007 as per application on file more fullyappears

PRESENT Hon Mark D Malley Acting Judge

After due hearing TIIE COURT rINDS that

NoticeoIhearing was given in accordance with any order ofnotice previously entered

Diane S Blick Andrew R McMurtry and lames B McEvoy were appointedCoExecutors by thisCourt on May 31 2006 in accordance with Article Seven of the Last Wil and Testament of the

decedent the prnnary Executor Rosemary E McMurtry having died on May 3 2006

Diane S Bliclc and Andrew R McMurtry have filed their written resignations

Article Seven of said will states that if any of the nominated fiduciaries shall resign the others shall

continue

The Mutual Distribution Agreement as presented has been correctly executed by all interested parties

No appearances of attorneys for the beneficiaries Kevin A McMurtry and Robert L McMurtry are

on file

The account is true and correct

And it is ORDERED AND DECREED that

The resignations of Diane S Blick and Andrew R McMurtry are hereby accepted and the

appointment ofJames B McEvoy as sole Executor is hereby conFirmed

The Mutual Distribution Agreement dated September 4 2007 is hereby accepted and approved

The account is accepted as a final account for Diane Blick and Andrew R McMurtry and as an

interim account for James B McEvoy

Dated at Litchfield Connecticut this 21st day ofSeptember 2007

DECREE STATE OF CONNECTICUTPC160 REV 303

COURT OF P12013ATL

RECORDED

COURT OF PROBATE DISTRICT OF Litchfield DISTRICT NO 074

ESTATE OF

Robert G McMurtry 060049

At a court of probate held at the time and place of hearing set by the Court together with any continuancesthereof as of record appears on the petitioners application for the acceptance of the resignations of Diane S Blickand Andrew R McMurtry and the allowance of the account covering the time period from March 26 2006 throughMay 22 2007 a final accowtof Diane S Blick and Andrew R McMurtry an interim account for James McEvoyand the approval of a Mutual Distribution Agreement dated September 4 2007 as per application on Cle more fullyappears

PRESENT IIon Mar D Malley Acting fudge

After due hearingIIIE COURT FINDS that

Notice ofhearing was given in accordance with any order oC notice previously entered

Diane S Blick Andrew R McMurtry and James B McEvoy were appointed CoExecutors by thisCourt on May 3 l 2006 in accordance with Article Seven of the Last Will and Testament o1 thedecedent the primary Executo Rosemary E McMurtry having died on May 3 2006

Diane S Blick and Andrew R McMurtry have tiled their writtrnresignations

Article Seven ofsaid will states that if any ot the nominated liduciarics shall resign the others shallcontinue

The Mutual Distribution Agreement as presented has been correctly executed by all interested parties

No appearances ofattorneys for the beneficiaries Kevin A11cMurtry and Robert 1 McMurtry areon file

The account is true and correct

And it is ORDERED AND DECREED that

The resignations of Diane S Blick and Andrew R McMurtry are hereby accepted and theappointment otJames McEvoy as sole Executor is hereby confirmed

The Muhtal Distribution Agreement dated September 4 2007 is hereby accepted and approved

The account is accepted as a final account for Diane Blick and Andrew R McMurtry and as at

interim account for James B McEvoy

Dated at Litchfield Connecticut this 21st day ofSeptember 2007

TO THE PROBATE COURT FOR THE DISTRICT OF LITCHFIELD DISTRICT 074

RE Estate of Robert G McMurtry late of Warren CT deceased

WITHDRAWAL OF DECLINATION TO ACT

On May 22 2007 I filed with the Litchfield Probate Court a Declination to Act as Trustee of theTrusts to be established uwoof the late Robert G McMurtry

I hereby withdraw said Declination to Act as such Trustee

Dated at Litchfield CT this 6h day of July 2007

Diane S Blick

tj i

GVr1ertji

iI

rcl LITirifELD D rTPROEPiCCRT

TO THE PROBATE COURT FORTHE DISTRICT OF LITCHFIELD DISTRICT 074

RE Estate ofRobert G McMurtry late of Warren CT deceased

WITHDRAWAL OF DECLINATION TO ACT

On May 22 2007 I filed with the Litchfield Probate Court aDeclination to Act as Trustee of theTrusts to be established uwoof the late Robert G McMurtry

I hereby withdraw said Declination toAct as such Trustee

Dated at Litchfield CT this 6h day ofJuly 2007

Diane S Blick

i

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APPLICATIONADMINISTRATION ORPROBATE OF WILL

PC200BBS REV 1099

STATE OF CONNECTICUTRECORDED

COURT OF PROBATE

Type orprint in black ink File in duplicateUse Second Sheet PC180 for additional data

DATE OF APPLICATIONTO COURT OF PROBATE DISTRICT OF LITCHFIELD DISTRICT NO 074

412006ESTATE OF Include all names and initials under which any asset was held SOCIAL SECURITY NO DATE OF DEATH

ROBERT G McMURTRY561267846 3252006

DECEDENTSRESIDENCE AT TIME OF DEATH Include full address55 Reed Road

Warren CT 06754

PETITIONER Name address and zip codeDiane S Glick

P O Box 824 Litchfield CT 067590824

JURISDICTION BASED ON

IX Domicile in District Ifdomicile is Other Please explaindifferent than residence please explain otherjurisdictlonal basis

Use Second Sheet PC180 for explanationSURVIVING SPOUSE Name address and zip code If there is no

surviving spouse so stateRosemary E McMurtry

HEIRS NEXT OF KIN BENEFICIARIES AND TRUSTEES if any Give names addresses zip codes and relationships If heir indicateancestor through whom heir takes If beneficiary indicate paragraph of will where interest is stated or may arise For all minors listedgive date of birth Indicate any person who is under legal disability or in the military service CGS45a43645a43845a439

Rosemary E McMurtry Spouse Andrew R McMurtry son

55 Reed Road 4403 Midstone Lane

Warren CT 06754 Fairfax VA 22033

continued on PC180

THE PETITIONER REPRESENTS that

X Decedent left a will rand codicils herewith presented for probate dated

Susan E McMurtry daughterAn Incapable Person

coSt DominicsHome

500 Western HighwayBlauvelt NY 10913

8191998

Decedent after making said will and codicils r had a child born or r adopted a minor child or r married or r had hisor her marriage dissolved by divorce or annulment CGS45a257Explain any checked boxes on Second Sheet PC180

The proposed fiduciary named below is not the primary executor named in said will or codicil

Explain on Second Sheet PC180 First named Executrix has declined to serve See Declination attaDecedent left no will

One or more of the children listed above or on Second Sheet PC180 are not also the children of the surviving spouseX Decedent owned an interest in real property other than in survivorship in Connecticut at the time of death

Decedent or spouse or children of the decedent r did r did not ever receive aid or care from the State of Connecticut

If affirmative check appropriate boxes State of Connecticut rDepartment of Veterans AffairsCGS 45a394

The estimated value of a personal property is 1 000 00000 b gross taxable estate is 2 000 00000

c wrongful death claim is

All the foregoing data is true and complete to the best of his or her knowledge and belief and he or she has used all proper diligenceto ascertain the names and addresses of all heirs and beneficiaries Any additional data given on Second Sheet PC180 is made apart hereof

WHEREFORE THE PETITIONER REQUESTS that said will and codicils if any be approved and admitted to probate andthat either letters testamentary be issued or letters of administration be granted to the belownamed proposed fiduciary

The representations contained herein are made under the penalties of false statement

Date 4sx2006

Petitioners SignaturePROPOSEDFIDUCIARY

IF APPOINTED I WILL ACCEPT SAID P SIT ON

OUS3Signature rQSQS t

Type orpnninameundersignafure

WRONGFUL DEATH

CLAIM

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MUTUAL DISTRIBUTION AGREEMENT

TO THE PROBATE COURT FOR THE DISTRICT OF LITCHFIELD

ESTATES OF ROSEMARY E McMURTRY and ROBERT G MCMURTY in said Districtdeceased

KNOW ALL MEN BY THESE PRESENTS

WHEREAS the undersigned ANDREW R McMURTRY KEVIN A McMURTRY and

ROBERT L McMURTRY are persons interested as heirsatlaw and next ofkin deviseesbeneficiaries and legatees and distributees and ANDREW R McMURTRY JAMES B McEVOY

and DIANE S BLICK are persons interested as CoExecutors andCoTrustees of the estates of said

Robert G McMurtry and Rosemary E McMurtry deceased who by their last wills left certain real

estate and personal property to be probated in accordance with said wills

WHEREAS the parties are interested in settling the following disputed estate issues

1 During the threeyearperiod prior to the death ofRosemary E McMurtry Andrew R

McMurtry transferred funds in excess of150000000 from the personal accounts ofRosemary E

McMurtry and Robert G McMurtry A dispute has arisen between theCoExecutors Diane S Blick

and James B McEvoy and Andrew R McMurtry as to the purpose and proper authorization ofsaid

withdrawals whichCoExecutors Blick and McEvoy claim were made without proper authorization as

required under the terms of the Durable Power of Attorney signed by Rosemary E McMurtry and

Robert G McMurtry on September 8 2004 However Andrew R McMurty disputes any such claim

that the transfers were unauthorized and the parties wish to resolve this dispute To date Andrew R

McMurtry has not provided an accounting for said150000000 as requested by the CoExecutors

leaving the CoExecutors no alternative but to claim the150000000 as taxable gifts resulting in

considerable tax liability together with interest and penalties for late filing

2 Andrew R McMurtry Kevin A McMurtry and Robert L McMurtry have requested that

James B McEvoy and Diane S Blick asCoExecutors not pursue aclaim on behalf of either estates

against Andrew R McMurtry for repayment of said transfers in excess of150000000

3 TheCoExecutors Diane S Blick and James B McEvoy claim that after the death of

Rosemary E McMurtry between May 4 and June 16 2006 Andrew R McMurtry withdrew an

additional TWO HUNDRED THIRTY SEVEN THOUSAND THREE HUNDRED NINETY TWO

AND 83100 23739283 DOLLARS from the account ofRosemary E McMurtry at the Bank of

New York without proper authorization However Andrew R McMurtry disputes any such claim that

such transfers were unauthorized and the parties wish to resolve this dispute which has arisen

WHEREAS the parties are desirous ofmaking a partial distribution offunds to the trusts

established under Article THREE B 2 for the benefit of the respective income beneficiaries

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NOW THEREFORE in order to avoid a prolonged litigation regarding the aforementionedwithdrawals and to settle these matters currently the CoExecutors James B McEvoy Diane S Blickand Andrew R McMurtry have agreed to the following

1 Andrew R McMurtry agrees to resign as Executor ofthe Estate of Rosemary E McMurtryand as Executor ofthe Estate ofRobert G McMurtry effective May 22 2007 Resignations annexedhereto as Exhibit A

2 Andrew R McMurtry agrees to decline to accept the position of Trustee ofthe Trustsestablished under Article THREE B2ofthe Last Will and Testament of Rosemary E McMurtry andas Trustee ofthe Trusts created under Article THREE B2 ofthe Last Will and Testament ofRobert GMcMurtry Declinations annexed hereto as Exhibit B

3 Kevin A McMurtry and Robert LMcMurtry shall agree to sign after review by separatecounsel of their choosing general releases in favor ofDiane S Blick and James B McEvoy releasingthe said Diane S Blick and James B McEvoy both individually and asCoExecutors of the Estates ofRobert G McMurtry and Rosemary E McMurtry from any and all claims arising out of the estates not

pursuing a claims against Andrew R McMurtry for the said unauthorized transfers ofsums in excess

of150000000 from the personal accounts ofRosemary E McMurtry and Robert G McMurtry priorto May 3 2006 A copy ofthe releases to be signed by said Kevin A McMurtry and Robert LMcMurtry is attached hereto Exhibit C

4 Andrew R McMurtry agrees to execute aReceipt and Release form for his l 0000000specific bequest from the Estate ofRosemary E McMurtry which Receipt and Release acknowledgesthat the sum of FIFTY SEVEN THOUSAND FIVE HUNDRED will be paid to him by cashdistribution and the remaining FORTY TWO THOUSAND FIVE HUNDRED4250000DOLLARS will be credited against his 23739283 indebtedness for said withdrawals from theaccount of Rosemary E McMumy after May 3 2006 A copy of said Receipt and Release annexedhereto as Exhibit D Andrew R McMurtry agrees to pay750000 to Powers Powers and Buzaidfrom said5750000 distribution as his attorneys fee

5 Andrew R McMurtry will execute a promissory note payable to the Estate of Rosemary E

McMurtry in the principal sum ofONE HUNDRED NINETY FOUR THOUSAND EIGHTHUNDRED NINETY TWO AND 8310019489283 DOLLARS together with interest at the rate

of484 payable in monthly installments of Two Thousand FiftyOne and 93100205193Dollars Andrew R McMurtry hereby assigns the income earned from the Trust established for thebenefit ofAndrew R McMurtry under Article THREE B 2 ofthe Last Will and Testament of

Rosemary E McMurtry to James B McEvoy Trustee to the extent needed to pay the note on said

monthly basis Any remaining balance not so paid shall be promptly paid to the Trust by Andrew RMcMurtry A copy of said Note annexed hereto as Exhibit E

6 TheCoExecutors of said estates agree to pay Andrew R McMurtry the sum of720000representing the balance due on his Executorscommission for the Rosemary E McMurtry Estate and409200 representing the balance due on his Executorscommission for the Robert G McMurtryEstate

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7 The following preliminary partial distributions will be made from the Estate of RosemaryE McMurtry to the following trusts

TrustfboRobert L McMurtry 125oftotal cash 3877722TrustfboKevin A McMurtry 125of total cash 3877722TrustfboAndrew R McMurtry 75of total

Note 19489283Cash 3777052 23266335

Total Proposed Distribution 31021779

8 James B McEvoy Trustee agrees to make a principal distribution of1918776 to AndrewR McMurtry from the Trust established under Rosemary E McMurtryswill for the benefit ofAndrew R McMurtry representing reimbursement for a loan incurred by Andrew R McMurtry for

college tuition payments to Providence College for Robert L McMurtry

9 James B McEvoy Trustee agrees to make aprincipal distribution of458500 to GeorgeMason University from the Trust established under the will of Rosemary E McMurtrys for the benefitof Andrew R McMurtry representing college tuition for the fall semester for Robert L McMurtryJames B McEvoy Trustee agrees that if Robert L McMurtry is enrolled at George Mason Universityfor a second semester he will pay from the trust established under the will of said Rosemary E

McMurtry for the benefit ofAndrew R McMurtry the second semester tuition and fees upon

presentation of a bill from George Mason University for Roberts second semester College expense In

addition James B McEvoy Trustee shall make a further distribution from said trust to Robert L

McMurtry in the sum of180000representing payment for a laptop computer only if prior to such

payment Robert L McMurtry provides an affidavit that he has not previously purchased acomputerwhile at Providence College

10 Kevin P McMurtry has requested a principal distribution in the sum of500000 from the

Rosemary E McMurtry Trust for the benefit ofKevin P McMurtry Upon receipt and review of

appropriate proof ofhis need of the sum of500000 for living expenses James B McEvoy Trusteewill make a distribution to Kevin P McMurtry from said Trust

To have and to hold to each of the parties hereto and his or her heirs and assigns forever the

property hereinbefore assigned to said parties respectively so that neither of them nor anyone

claiming under either ofthem shall hereafter have any claim right or title in or to the premises or

property or any part hereof hereinbefore assigned to the other but each of them is from the premisesso assigned to the other forever barred and secluded

In witness whereof we have hereunto set our hands and our seals this y day of September2007

Signed Seale and deliveredIn the prese ce of

VALERIE LEE

NOTARY PUBLICOMM

MY COMMISSION EXPIRES MAR 31 2011

Andrew R McMurtry individually and as

CoExecutor ofthe Estates of Robert G

McMurtry and RosemaryEMcMurtry

S

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VALERIE LEE

NOTARY PUBLIC

COMMONWEALTH OF VIRGINIA

I c3

VALERIE LEENOTARY PUBLIC

COMMONWEALTH OF VIRGINIA

r

uKevin A McMurtry

Robert L McMurtry

JlClDiane S BlickCoExecutrix

Q CLIQti

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STATE OF T Jr rf9

ycqqa Ssiebfid September 2007COUNTY OF U

Personally appeared ANDREW R McMURTY individually and as CoExecutor unc r theLast Will and Testament of ROBERT G McMURTY deceased and ROSEMARY E McMURYdeceased signer and sealer ofthe foregoing instrument and acknowledged that he executed the same inthe capacity for the purpose therein stated and that the same is his free act and deed before me


COMMONWEALTH OF VIRGINIAMY COMMISSION EXPIRES MAR 31 2011

VALERIE LEE ov ulaeuuuc rdge ilu

NOTARY PUBLIC 940 rICOMMONWEALTH OF VIRGINIAMY COMMISSION EXPIRES MAR 31 2011

STATE OF rG I Issoir September 2007

COUNTY OFixPersonally appeared Kevin A McMurtry signer and sealer of the foregoing instrument and

be his free act and deed before meVALERI LEE

NOTARY PUBLICCOMMONWEALTH OF VIRGINIAMY COMMISSION EXPIRES MAR 31 2011 ry

STATE OF Utr yl o

ss September Y 2007COUNTY OF

Personally appeared Robert L McMurtry signer and sealer ofthe foregoing instrument andacknowledged the same to be his free act and deed before me


COUNTY OF LITCHFIELDSs Litchfield September 2007

Personally appeared DIANE S BLICK as CoExecutrix under the Last Will and Testament ofROBERT G McMURTY deceased and ROSEMARY E McMURTRY deceased signer and sealer ofthe foregoing instrument and acknowledged that she executed the same in the capacity and for thepurpose therein stated and that the same is her free act and deed before me


COUNTY OF LITCHFIELDSs Litchfield

d EL LaCASSECARBONEk Y PUBLJC

MY COMMISSION EXPIRES 53108

Septemberl2007

Personally appeared 3AMES B McEVOY as CoExecutor under the Fast Will and Testamentof ROBERT G McMURTY deceased and ROSEMARY E McMURTRY deceased signer and sealerof the foregoing instrument and acknowledged that he executed the same in the capacity and for thepurpose therein stated and that the same is his free act and deed before me

r

ELINOR LaCASSECARBONENOTARY PUBLIC

MY COMMISSION EXPIRES53108

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EXHIBIT A1

COURT OF PROBATE

Court ofProbate District of Litchfield District No 074

Estate ofRosemary E McMurtry late of Wanen Connecticut deceased

The subscriber CoExecutor of said estate hereby resigns said position of trust effective May 222007 and submits herewith his final account

Dated at Litchfield Connecticut this day of September 2007

ti

drew R McMurtry

1leQldJClthUUUG Yde iJ1G

EXHIBIT A2

COURT OF PROBATE


Estate ofRobert G McMurtry late ofWarren Connecticut deceased

The subscriber CoExecutor ofsaid estate hereby resigns said position oftrust effective May 222007 and submits herewith his final account


drew R McMurtry

lyle U l dJal i U UU L rd c e J 1 J

EXHBTT B1

COURT OF PROBATE

Court of Probate District of Litchfield District No 074

ESTATE OF DATE OF DECLINATIONROBERT G McMURTRY May 23 2007

I ANDREW R McMURTRY having been named CoTrustee under Article Eight of

the Last Will and Testament of ROBERT G McMURTRY dated August 19 1998 of the trust

created for the benefit ofRobert Lawrence McMurtry under Article THREE B 2 thereof HEREBY

DECLINE SAID POSITION OF TRUST

Dated at Litchfield Connecticut this day ofSeptember 2007

zAndrew R McMurtry

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EXHIBIT B2

COURT OF PROBATE




the Last Will and Testament of ROBERT G McMURTRY dated August 19 1998 of the trust

created for the benefit ofAndrew R McMurtry under Article THREE B 2 thereof HEREBY



r

Andrew R Mc urtry

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EXHLBIT B3

COURT OF PROBATE




the Last Will and Testament of ROBERT G McMURTRY dated August 19 1998 ofthe trust

created for the benefit ofKevin Andrew McMurtry under Article THREE B 2 thereof HEREBY


Dated at Litchfield Connecticut this l day of September 2007

7

Gdrew R McMurtry

11CU1 dJLf UUUC Ydye J10

EXHIBIT B4

COURT OF PROBATE

Coart ofProbate District of Litchfield District No 074

ESTATE OF DATE OF DECLINATIONROSEMARY E McMURTRY September L 2007

I ANDREW R McMURTRY having been named Trustee under Article Eight of the

Last Will and Testament ofROSEMARY E McMURTRY dated August 19 1998 ofthe trust

created for the benefit ofAndrew R McMurtry under Article THREE B 2 thereofHEREBY


Dated at Warren Connecticut this f day of September 2007

Andrew R McMurtry

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EXHIBIT B5

COURT OF PROBATE


ESTATE OFDATE OF DECLINATIONROSEMARY E McMURTRY Se tembe 2007

I ANDREW R McMURTRY having been named Trustee under Article Eight of theLast Will and Testament ofROSEMARY E McMURTRY dated August 19 1998 ofthe trustcreated for the benefit of Kevin Andrew McMurtry under Article THREE B 2 thereof HEREBYDECLINE SAID POSITION OF TRUST

Dated at Warren Connecticut this day ofSeptember 2007

lAn rew R McMurtry

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EXHIBIT B6

COURT OF PROBATE


ESTATE OF DATE OF DECLINATION

ROSEMARY E McMURTRY September 2007

I ANDREW R McMURTRY having been named Trustee under Article Eight ofthe

Last Will and Testament of ROSEMARY E McMURTRY dated August 19 1998 ofthe trust

created for the benefit of Robert Lawrence McMurtry under Article THREE B 2 thereofHEREBY


Dated at Warren Connecticut thisyday ofSeptember 2007

drew R McMurtry

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EXHIBIT C1GENERAL RELEASE

TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN GREETING

KNOW YE That KEVIN A McMURTRY of Fairfax Virginia hereinafter Releasor for

consideration of the sum of100 ONE DOLLAR and other good and valuable consideration to him

in hand paid by Diane S Blick and James B McEvoyCoExecutors of the Estate of Rosemary E

McMurtry late of Warren Connecticut hereinafter Releasees the receipt whereof is herebyacknowledged has remised released and forever discharged and by these presents does for himselfhis heirs executors administrators successors and assigns remise release and forever dischargethe said Diane S Blick and James B McEvoy both individually and as CoExecutors of the Estate of

Rosemary E McMurtry their heirs executors administrators successors and assigns of and from

any and all manner of action and actions cause and causes of actions suits damages judgmentsexecutions claims for personal injuries property damage and demands whatsoever in law or in

equity which he ever had now has or which he his heirs executors or administrators hereafter can

shall or may have against them by reason of their not pursuing a claim against Andrew McMurtry for

restitution to the Estate ofall amounts taken by the said Andrew McMurtry from Rosemary McMurtryat any time prior to May 3 2006 including but without limitation any and all transfers whether

authorized or unauthorized initiated utilizing any power ofattorney held by Andrew McMurtry from the

said Rosemary E McMurtry

IN WITNESS WHEREOF I have hereunto set my hand and seal at Litchfield Connecticut this

day of September 2007

Kevin A McMurtry

STATE OF

ss Y September 007COUNTY OF X

On this day of September 2007 personally appe ed Kevin A McMurtry signer andsealer of the foregoing instrument and acknowledged the sam o be is free act and deed before me

Notary Public



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4


TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN GREETINGKNOW YE That KEVIN A McMURTRY of Fairfax Virginia hereinafter Releasor for

consideration of the sum of100 ONE DOLLAR and other good and valuable consideration to himin hand paid by Diane S Blick and James B McEvoy CoExecutors of the Estate of Robert GMcMurtry late of Warren Connecticut hereinafter Releasees the receipt whereof is herebyacknowledged has remised released and forever discharged and by these presents does for himselfhis heirs executors administrators successors and assigns remise release and forever dischargethe said Diane S Blick and James B McEvoy both individually and as CoExecutors of the Estate ofRobert G McMurtry their heirs executors administrators successors and assigns of and from anyand all manner of action and actions cause and causes of actions suits damages judgmentsexecutions claims for personal injuries property damage and demands whatsoever in law or inequity which he ever had now has or which he his heirs executors or administrators hereafter canshall or may have against them by reason of their not pursuing a claim against Andrew McMurtry forrestitution to the Estate of all amounts taken by the said Andrew McMurtry from Robert G McMurtry atany time prior to March 25 2006 including but without limitation any and all transfers whetherauthorized or unauthorized initiated utilizing any power of attorney held by Andrew McMurtry from thesaid Robert G McMurtry

IN WITNESS WHEREOF 1 have hereunto set my hand and seal at Litchfield Connecticut thisday ofSeptember 2007

Kevin A McMurtry

STATE OF llssiiir Fz1 Septembers2007COUNTY OF x

On this4day of September 2007 personally appeared in A McMurtry signer and sealerof the foregoing instrument and acknowledged the same to be free t and deed before me

No ary Public

VALERIE LEENOTARYpgLIC


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EXHIBIT C3

GENERAL RELEASE

TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN GREETING

KNOW YE That ROBERT L McMURTRY of Fairfax Virginia hereinafter Releasor for

consideration of the sum of100 ONE DOLLAR and other good and valuable consideration to him

in hand paid by Diane S Blick and James B McEvoyCoExecutors of the Estate of Rosemary E

McMurtry late of Warren Connecticut hereinafter Releasees the receipt whereof is herebyacknowledged has remised released and forever discharged and by these presents does for himselfhis heirs executors administrators successors and assigns remise release and forever dischargethe said Diane S Blick and James B McEvoy both individually and asCoExecutors of the Estate of

Rosemary E McMurtry their heirs executors administrators successors and assigns of and from

any and all manner of action and actions cause and causes of actions suits damages judgmentsexecutions claims for personal injuries property damage and demands whatsoever in law or in

equity which he ever had now has or which he his heirs executors or administrators hereafter can

shall or may have against them by reason of their not pursuing a claim against Andrew McMurtry for

restitution to the Estate of all amounts taken by the said Andrew McMurtry from Rosemary McMurtryat any time prior to May 3 2006 including but without limitation any and all transfers whether

authorized or unauthorized initiated utilizing any power ofattorney held by Andrew McMurtry from the

said Rosemary E McMurtry

IN WITNESS WHEREOF I have hereunto set my hand and seal at Litchfield Connecticut thisday of September 2007

Robert L McMurtry

STATE OF

ss September 2007COUNTY OF

On this day of September 2007 personally appeare obert L McMurtry signer and sealerof the foregoing instrument and acknowledged the same to b hisf act and deed before me

Notary Public

VALERIE LEE

NOTARY PUBLICCOMMONWEALTH OF VIRGINIAMY COMMISSION EXPIRES MAR 31 2011

SS

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TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN GREETINGKNOW YE That ROBERT L McMURTRY of Fairfax Virginia hereinafter Releasor for

consideration of the sum of100 ONE DOLLAR and other good and valuable consideration to himin hand paid by Diane S Blick and James B McEvoy CoExecutors of the Estate ofRobert G

McMurtry late ofWarren Connecticut hereinafter Releasees the receipt whereof is herebyacknowledged has remised released and forever discharged and by these presents does for himselfhis heirs executors administrators successors and assigns remise release and forever dischargethe said Diane S Blick and James B McEvoy both individually and as CoExecutors of the Estate ofRobert G McMurtry their heirs executors administrators successors and assigns of and from anyand all manner ofaction and actions cause and causes of actions suits damages judgmentsexecutions claims for personal injuries property damage and demands whatsoever in law or inequity which he ever had now has or which he his heirs executors or administrators hereafter canshall or may have against them by reason of their not pursuing a claim against Andrew McMurtry forrestitution to the Estate ofall amounts taken by the said Andrew McMurtry from Robert G McMurtry atany time prior to March 25 2006 including but without limitation any and all transfers whetherauthorized or unauthorized initiated utilizing any power of attorney held by Andrew McMurtry from thesaid Robert G McMurtry

IN WITNESS WHEREOF I have hereunto set my hand and seal at Litchfield Connecticut thisday of September 2007

STATE OF

COUNTY OFss

Robert L McMurtry

September 2007

On this9ay of September 2007 personally appeare Robert L McMurtof the foregoing instrument and acknowledged the same to his free act and deed befoee me

sealer

9 0



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EXHIBIT DSTATE OF CONNECTICUT

PROBATE COURT DISTRICT OF LITCHFIELD

In the Matter of the Settlement of theAdministration of Proceedings of RECEIPTDIANE S BLICK JAMES B McEVOY and andANDREW R McMURTRY CoExecutors RELEASEUnder the Last Will and Testament of

ROSEMARY E McMURTRY deceased

The undersigned ANDREW R McMURTRY acknowledges receipt of the sum of ONEHUNDRED THOUSAND AND NO10010000000 DOLLARS distributed as follows The sum ofFIFTY SEVEN THOUSAND FIVE HUNDRED AND NO1005750000 DOLLARS paid by check toAndrew R McMurtry and the sum of FORTY TWO THOUSAND FIVE HUNDRED 4250000DOLLARS has been applied to his outstanding indebtedness of TWO HUNDRED THIRTY SEVENTHOUSAND THREE HUNDRED NINETY TWO AND 83100 23739283 DOLLARS owed to theEstate of Rosemary E McMurtry and that this said payment and application of said sum is a full andfinal distribution of the specific bequest to him under Article FOUR 1 of said WiIThe undersignedhereby releases and forever discharges the Estate of ROSEMARY E McMURTRY and said CoExecutors of and from any further liability or accountability to him in connection with and to the extentof the application of funds made for his benefit as aforesaid and in consideration of such applicationin advance of the completion and settlement of the final account of said CoExecutors the

undersigned hereby agrees to indemnify and hold harmless said Diane S Blick and James B

McEvoy asCoExecutors as aforesaid from any and all liability arising by reason of the making of theaforesaid application including without limitation any liability for claims presented against the estate

imposed upon beneficiaries under the provisions of Connecticut General Statutes Section 45a365through 45a373 inclusive and to refund to the extent of the fair market value of any applicationmade heretofore or pursuant hereto such amount to the CoExecutors to the extent that it bedetermined to be in excess of the amounts properly applied provided that the undersigned shall notbe liable for more than the amount applied to his outstanding indebtednessDATED September 2007

Andrew R McMurtrySocial Security Number

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EXHIBIT E

PROMISSORY NOTE

18739283 Litchfield ConnecticutSeptember 2007

FOR VALUE RECEIVED I ANDREW R McMURTRY promise to pay to the order of JAMESE McEVOY Executor of the Estate of ROSEMARY E McMURTRY the principal sum of ONEHUNDRED NINETY FOUR THOUSAND EIGHTIUNDRED NINETY TWO AND 8310019489283 DOLLARS with interest thereon at the rate of484percent per annum together with alltaxes levied or assessed on this Note and any costs expenses or attorneys fees incurred in the collection ofthis Note provided the terms ofthis Note are not in default otherwise at the rate of ten 10 percent perannum on the unpaid principal balance to be paid in monthly installments of principal and interest in thesum of Two Thousand Fifty One and 93100205193 DOLLARS commencing thirty days after thefunding of the Rosemary E McMurtry Trust with any proceeds ofthe sale of the McMurtry real estate inWarren Connecticut and on the same day of each month thereafter for 120 months

Upon default in the payment of any installments on this Note or the payment of the principal orinterest of this Note as provided herein for a period of fifteen days after any ofthe same shall become dueand payable and thereafter ten 10 days after notice thereof has been given to the maker then the unpaidbalance ofthis Note shall at the option ofthe holder hereof become due and payable on demand

The maker hereof reserves the right to prepay all or any part ofthe amount due on this Note at anytime without penalty

The maker shall pay a late charge of five 5 percent of any payment past due for more thanfifteen 15 days

Presentment notice of dishonor and protest are hereby waived by all makers guarantors andendorsers hereof

drew R McMurtry

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I Robert L McMurtry have been advised that 1 am entitled to separate counsel as stated in paragraph 3on page 2 of the Mutua Distribution Agreement for the Estates of Rosemary E McMurtry and Robert GMcMurtry I have also been advised that Mr James Powers Esq represents only my father Andrew RMcMurtry in this matter I hereby decline to retain separate counsel in this matter

lRobert L McMurtry

STATE OF

ss September 2007

COUNTY OF

On thisft day of September 2007 persona Ily appeared Robert L McMurtry signer and sealerof the foregoing instrument and acknowledged the same to be his free act and deed before me

y

Notary Public

VALERIELE

COMMONWEqTH OFIV RMY COMMISSION EXPIRES MAR 3 G2019ST

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I Kevin A McMurtry have been advised that I am entitled to separate counsel as stated in paragraph 3on page 2 of the Mutual Distribution Agreement for the Estates of Rosemary E McMurtry and Robert GMcMurtry 1 have also been advised that Mr James Powers Esq represents only my father Andrew R

McMurtry in this matter I hereby decline to retain separate counsel in this matter

lzKevin A McMurtry

STATE 0 F U

ss X September 1 2007

COUNTY OFjrGX

On this first day ofSeptember 2007 personally appeared Kevin A McMurtry signer and sealerof the foregoing instrument and acknowledged the same to be his free act and deed before me

c y

Notary Public


COMMONWEALTH OF VIRGINIAMY COMMISSIGN EXPIRES MAR 31 2011

Litchfield Hills Probate District letters

Documents

Transcript of Litchfield Hills Probate District letters