e

i
Personal and Confidential
t

aly 19 2010

The Honorable Paul J Knierim

Office of the Probate Court Administrator
186 Newington Road
West Hartford Connecticut 06110
2320

Dear Judge Knierim

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

I have been made of the actions of Diane Blick

aware following Judge

1 That she may have violated Canon 3 Section E 2 in Trust Robert G McMurte Warren
NonConf Media Set 001
Trusts Med Set 0008 Page 03904
2 That she may have violated Canon 3 Section E 2 in Estate of Robert
McMurtry Warren
o 03
d 2006 Non Conf Med Set 0002
25 Media Set 0002
Estates Page 04196
3 That she may have violated Canon 3 Section E 2 in Estate of Rosemary McMurtry Warren
o 05
d 2006 Non
03 Conf Med Set 0002 Estates 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 way is to be considered a

no
complaint due to my lack of direct knowledge and the
sensitive nature of this matter due to my role as Judge s political opponent
Blick

cerely
n
Si
i
Patrick J JVali
 t

rV

STATE OF CONNECTICUT

PAUL J KNIERIM JUDGE OFFICE OF THE 186 NEWINGTON ROAD

Probate Court Administrator
PROBATE COURT ADMINISTRATOR WEST HARTFORD CT 06110
THOMAS E GAFFEY
TEL 860 231
2442
Chief Counsel
FAX
860 231
1055
HELEN B BENNET

Attorney

DEBRA COHEN

Attorney

August 25 2010

Honorable Patrick J Wall

Harwinton Probate Court
Town Hall 100 Bentley Drive
Harwinton CT 06791

Dear Judge Wall

Enclosedplease find a copy of the letter and attachments that Judge Diane Blick
has submitted in response to your letter of
July 19 2010

Based upon Judge Blick

s response I do not intend to take
any further action on
this matter Judge Blick had been a co
executor
serving as of the estates of both
Robert G McMurtry and Rosemary
McMurtry prior to the time of her election as
judge of the Litchfield Probate Court Following her election she
disqualified
herself as judge from the two matters and took within a reasonable
steps period
of time to resign as co
executor and to decline to act as trustee
co As required
by law she filed an accounting for the period preceding her resignation

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

Si c rely

aul J nierim
Probate Court Administrator

Attachments

cc Honorable Diane S Blick Judge of Probate District of Litchfield

 i
Y j
HON D IANE S BLICK f
r F

P O Box 824
n
i LITCHFIELD CT 06759
860 567
8065 w
860 567
9236 H

August 3 2010

The Honorable Paul J Knierim

Office ofthe Probate Administrator
186 Newington Road
West Hartford CT 06110
2320

Dear Judge Knierim

Responding to your phone call regarding the letter to you from Patrick J Wall which you faxed to me I was
certainly surprised to receive such a letter especially from someone other than a party of interest in the cases
referenced 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 direct
knowledge and the sensitive nature ofthis matter due to my role as Judge Blick
s political opponent
Inasmuch Mr Wall has been to this Court to comb
as
through the records and his part
time or former Clerk
has also to this Court to look
come
through records only on Tuesdays when I sit and hold hearings in Kent
arriving after I have left for Kent and leaving prior to my return back to Litchfield one can
only suspect that
such a claim by my opponent in the upcoming election is
exactly that
political in nature After all he never
looked through my records in the first 3 2
years I have served Why all of sudden now

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

Now the facts

Robert
McMurtry and Rosemary McMurtry were close personal friends of mine for well over 20 years Bob
McMurtry 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 as
Executors and Co
Co Trustees

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

On
May 2 2007 Judge Lawlor sent a Citation PC
33 form to
Judge Mark Malley requesting his acceptance to
be cited in on these matters Judge
Malley accepted the appointment by signing the PC
33 and returning it I
do not know the date which
on
Judge Malley signed as there is no date near his signature
 On May 23 2007 I filed my Resignation to act as Executor and Declination
Co to act as Trustee in these
Co
matters

Thereafter I was advised by Attorney Grimes attorney ofrecord for the estate that the original Declination to
Trustee which I filed and therefore needed to be rescinded in favor of a corrected one
serve as was
incomplete
he would draw up Attorney Grimes held the Withdrawal of Declination to Act as Trustee in his file until such
time as he would file all documents with the Court In the meantime my Declination to Act
original was in the
Court record I
expected to file and it was my fiduciary responsibility to file Final Accounts for each
was

estate 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 were extremely complicated estates so that the
Court could formally release me from serving after due hearing

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

NOTE A review of the documents in the file finds that the imprint of the Court s received date stamp
prints in red ink copy enclosed but does not show up on the laser fiche scan ofthis or any other documents in
this file or any other file

These estates were most complex due to the questionable

activities of the son Andrew both prior to his
parents deaths and after their deaths In order for
me to fulfill my
fiduciary responsibility to present proper
Final Accounts we had to gather information which was not easily
forthcoming from Andrew or the banks and
financial institutions involved It was a long and protracted
undertaking Once all information was finally
provided prepared to submit Final Accounts which would complete my fiduciary responsibilities
we were

However immediately following the actual signing ofthe Final Accounts on June 29 2007 Andrew notified us
that he would not authorize the of the Final Accounts in the Court as he felt after
filing thinking about it
overnight that he still had issues about items in the Final Accounts
relating to him which still needed to be
resolved The filing of the Final Accounts were held back until all issues were resolved and we could file
proper accountings

It was not until September 2007 that all issues resolved

were
finally resulting in the filing of all documents
including the Mutual Distribution Agreements and the Final Accounts
McMurtry Andrew
resigned and also
Jim McEvoy continued on as the Sole Fiduciary in both estates and all trusts All documents relating to the
completion 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 Malley
s decree regarding my and the
resignations filing ofthe Mutual Distribution
Agreements and the Final Accounts for your information

Only Mr McEvoy as sole fiduciary completed administration of both estates and submitted his Final Accounts
which were accepted and approved by Judge Malley

Certainly if Mr Wall had any questions he could have asked me before

lodging these allegations with Probate
Administration in an effort to
intentionally and maliciously dirty my clean record

I understand Probate Administration must

investigate all complaints However I trust Probate Administration
does not give weight or credibility to bar witch hunts
room gossip or complaints
non of alleged
anonymous third parties I find it
extremely distasteful and unprofessional of a Probate Judge to make such
serious accusations and allegations of professional misconduct especially since he did not name the party
making such an allegation he did not specify when he was made aware of such alleged misconduct and he did
not have direct knowledge of the above nor have I reviewed the referred Estates
and Trust as stated in Mr
s letter of non
Wall complaint

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

standing in our courtrooms of integrity

I trust this answers your inquiry Best regards

Sincerely

Diane S Blick
 DECREE STATE OI CONNECTICUT RECORDED
160
PC 03
3
RFV COURT OF PR013ATE

COURT OF PROBATE DISTRICT OF Litchfield RICT NO 074

llIST

IN TI
ESTATE OF IE MATTER OF

Rosemary E McMurtry 0050

06

At court of probate held at the time and

a
place of hearing set by the Court together with any continuances
thereof of record appears the
as on s application For the acceptance of the resignations of Diane S Blick
petitioner
and Andrew R McMurtry the allowance of the account
covering the time period from March 26 2006 through May
22 2007 a final account of Diane S Blick and Andrew R McMurtry an interim account for James McEvoy and
the approval of a Mutual Distribution Agreement dated September 4 2007 as per application on file more
fully
appears

PRESENT Hon Mark D

Malley Acting Judge

After due hearing IE COURT rINDS that

TI

Notice hearing
oI was given in accordance with any order of notice
previously entered

Diane S Blick Andrew R McMurtry and lames B appointed Executors

Co
McEvoy were
by this
Court 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 of James 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 final account for Diane Blick and Andrew R and
as a
McMurtry as an

interim account for James B McEvoy

Dated at Litchfield Connecticut this 21st day of September 2007

 DECREE STATE OF CONNECTICUT RECORDED
160
PC REV 3
03

COURT OF P12013ATL

COURT OF PROBATE DISTRICT OF Litchfield DISTRICT NO 074

ESTATE OF

Robert G McMurtry 0049

06

At court of held at the time

a
probate and place of
hearing set by the Court together with any continuances
thereof of record appears on the petitioner
as
s application for the acceptance of the resignations of Diane S Blick
and Andrew R and the allowance
McMurtry of the account
covering the time period from March 26 2006 through
May 22 2007
a final accow
t of Diane S Blick and Andrew R
McMurtry an interim account for James McEvoy
and the approval of a Mutual Distribution Agreement dated
September 4 2007 as per application on Cle fully
more
appears

PRESENT I
Ion Mar D Malley Acting fudge

After due IE COURT FINDS that

I
hearing

Notice of hearing in accordance with

was
given any order oC notice previously entered

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

Diane S Blick and Andrew R have tiled their writtr

McMurtry n resignations

Article Seven of said will states that if

any ot the nominated liduciarics shall resign the others shall
continue

The Mutual Distribution has been

Agreement as presented correctly executed by all interested
parties

No appearances of attorneys for the beneficiaries Kevin A 1cMurtry and

1 Robert 1 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 hereby accepted

are and the

appointment ot
James McEvoy as sole Executor is hereby confirmed
The Muhtal Distribution Agreement dated 2007 is
September 4 hereby accepted and approved

The account is final

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

interim account for James B

McEvoy

Dated at Litchfield Connecticut this 21st of

day September 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 Declination

a to Act as Trustee of the
Trusts to be established u
o of the late Robert G
w McMurtry

I hereby withdraw said Declination to Act as such Trustee

Dated at Litchfield CT this h day

6 of July 2007

Diane S Blick

tj i

i
iI
1ertj
GVr

r cl
LITi D
ELD
rif T
r
i
PROEP RT
CC
TO THE PROBATE COURT FOR THE 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 a Declination to Act as Trustee of the
Trusts to be established u
o of the late Robert G
w
McMurtry

I hereby withdraw said Declination to Act as such Trustee

Dated at Litchfield CT this h day

6 of July 2007

Diane S Blick

i
 r
rieuiaoe uuuc tyn
rctcUe

APPLICATION STATE OF CONNECTICUT

RECORDED
ADMINISTRATION OR COURT OF PROBATE
PROBATE OF WILL
BBS
200
PC REV 10
99 Type or print in black ink File in duplicate
Use Second Sheet PC 180 for additional data

DATE OF APPLICATION
TO COURT OF PROBATE DISTRICT OF LITCHFIELD DISTRICT NO 074
2006
1
4
ESTATE OF Include all names and initials under which any asset was held SOCIAL SECURITY NO DATE OF DEATH
ROBERT G McMURTRY
7846
26
561 25
3
2006
WRONGFUL DEATH
S RESIDENCE AT TIME OF DEATH
DECEDENT Include full address CLAIM
55 Reed Road
JURISDICTION BASED ON
Warren CT 06754
IX Domicile in District If domicile is Other Please explain
different thanresidence please explain otherjurisdictlonal basis
Use Second Sheet PC
180 for explanation
PETITIONER Name address and zip code SURVIVING SPOUSE Name address and zip code If there is no
Diane S Glick surviving spouse so state
P O Box 0824
06759 Rosemary E McMurtry
824 Litchfield CT

HEIRS NEXT OF KIN BENEFICIARIES AND TRUSTEES if any Give names addresses zip codes and
relationships If heir indicate
ancestor through whom heir takes If beneficiary indicate paragraph of will where interest is stated or may arise For all minors listed
give date of birth Indicate any person who is under legal disability or in the military service C
S 45a
G 436 45a 438 45a 439

Rosemary E McMurtry Spouse Andrew R McMurtry son Susan E McMurtry daughter

55 Reed Road 4403 Midstone Lane An Incapable Person
Warren CT 06754 Fairfax VA 22033 o St Dominic
c sHome
500 Western Highway
Blauvelt NY 10913
continued on PC180

THE PETITIONER REPRESENTS that

X Decedent left a will rand codicil

s herewith presented for probate dated 19
8
1998

Decedent after making said will and codicil

s r had a child born or r adopted a minor child or r married or r had his
or her
marriage dissolved by divorce or annulment CS 45a
G 257 Explain any checked boxes on Second Sheet PC 180
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 atta
Decedent left no will

One or more of the children listed above or on Second Sheet PC

180 are not also the children of the surviving spouse
X Decedent owned an interest in real property other than in in Connecticut at the time of death
survivorship

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 box

es State of Connecticut r Department of Veterans Affairs C
S 45a
G 394
The estimated value of is
a personal property 1 000 00
000 b gross taxable estate is 2 000 00
000

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 diligence
to ascertain the names and addresses of all heirs and beneficiaries Any additional data
given on Second Sheet PC
180 is made a
part hereof
WHEREFORE THE PETITIONER REQUESTS that said will and codicils if any be approved and admitted to probate and
that either letters testamentary be issued or letters of administration be
granted to the below
named proposed fiduciary
The representations contained herein are made under the penalties of false statement

Date s x
4 2006

Petitioners Signature
DFIDUCIARY
PROPOSE
IF APPOINTED I WILL ACCEPT SAID P SIT ON

Signature rQS
QS
Type orpnninameundersignafure
US3
O t
 iieuid uuuc
r
e rage uo

MUTUAL DISTRIBUTION AGREEMENT

TO THE PROBATE COURT FOR THE DISTRICT OF LITCHFIELD

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

deceased

KNOW ALL MEN BY THESE PRESENTS

WHEREAS the ANDREW R McMURTRY KEVIN A McMURTRY and

undersigned
ROBERT L McMURTRY are persons interested as heirs and
law
at next of kin devisees
R McMURTRY JAMES B McEVOY
beneficiaries and legatees and distributees and ANDREW
Trustees of the
Executors and Co
Co estates of said
and DIANE S BLICK persons interested
are as

and E McMurtry deceased who by their last wills left certain real
Robert G McMurtry Rosemary
estate and be in accordance with said wills
personal property to probated

WHEREAS the interested in settling the following disputed estate issues

parties are

1 During year period prior to the death of Rosemary E McMurtry Andrew R

the
three
500 from the personal accounts of Rosemary E
McMurtry transferred funds in excess of 000
1
00
McMurtry and Robert G McMurtry A dispute has arisen between the Co Executors Diane S Blick
and James B McEvoy and Andrew R McMurtry as to the purpose and proper authorization of said

withdrawals which CoExecutors 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 said 000 500 as requested by the Co
1
00 Executors
but claim the 500
1
00
000 taxable gifts resulting in
leaving the Co
s no alternative
Executor to as

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
Executors not pursue a claim on behalf of either estates
James B McEvoy and Diane S Blick as Co
in excess of 000
against Andrew R McMurtry for repayment of said transfers 500
1
00

Co Diane S Blick and James B McEvoy claim that after the death of
3 The Executors

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
the Bank of
AND 83 83 DOLLARS from the account of Rosemary E
100 237
392 McMurtry at

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 of making a partial distribution offunds to the trusts
established under Article THREE B 2 for the benefit of the respective income beneficiaries
 iulaae uuuc
r ur
rage

NOW THEREFORE in order to avoid a

prolonged litigation regarding the aforementioned
withdrawals and to settle these matters currently the Co
Executors James B McEvoy Diane S Blick
and Andrew R McMurtry have to the
agreed following

1 Andrew R McMurtry agrees to Executor of the Estate of Rosemary E

resign as McMurtry
and Executor ofthe Estate of Robert G
as
McMurtry effective May 22 2007 Resignations annexed
hereto as Exhibit A

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

3 Kevin AMcMurtry and Robert L McMurtry shall agree to sign after review by separate
counsel of their
choosing general releases in favor of Diane S Blick and James B McEvoy releasing
the said Diane S Blick and James B
McEvoy both individually and as Co Executors of the Estates of
Robert G McMurtry and Rosemary E from
McMurtry any and all claims arising out of the estates not
pursuing a claims against Andrew R McMurtry for the said unauthorized transfers of sums in excess
of 000
500 from the
1
00 personal accounts of Rosemary E McMurtry and Robert G McMurtry prior
toMay 3 2006 A copy of the releases to be signed by said Kevin A McMurtry and Robert L
McMurtry is attached hereto Exhibit C

4 Andrew R
McMurtry agrees to execute
Receipt and Release form for his l 00
a
000
specific bequest from the Estate of Rosemary EMcMurtry which Receipt and Release acknowledges
that the sum of FIFTY SEVEN THOUSAND FIVE HUNDRED will be paid to him by cash
distribution and the
remaining FORTY TWO THOUSAND FIVE HUNDRED 42 00
500
DOLLARS will be credited against his 237
83 indebtedness for said withdrawals from the
392
account of Rosemary E
McMumy after May 3 2006 A copy of said Receipt and Release annexed
hereto as Exhibit D Andrew R McMurtry agrees to pay 00500 to Powers Powers and Buzaid
7
from said 57
00
500 distribution as his fee
s
attorney

5 Andrew R
McMurtry will execute a promissory note payable to the Estate of Rosemary E
McMurtry in the
principal sum of ONE HUNDRED NINETY FOUR THOUSAND EIGHT
HUNDRED NINETY TWO AND 83 100 19483 DOLLARS together with interest at the rate
892
of 4
84 payable in
monthly installments of Two Thousand
One and 93
Fifty 100 93 051
2
Dollars Andrew R McMurtry hereby assigns the income earned from the Trust established for the
benefit ofAndrew R McMurtry under Article THREE B 2 ofthe Last Will and Testament of
E
Rosemary 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 R
McMurtry A copy of said Note annexed hereto as Exhibit E

6 The Co
Executors of said estates agree to pay Andrew R McMurtry the sum of 00
200
7
representing the balance due on his Executor
s commission for the E
Rosemary McMurtry Estate and
092 representing
4
00 the balance due on his Executor
s commission for the Robert G McMurtry
Estate
 rt
e
meuld uuuc iuo
rage

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

Trust f
o Robert L McMurtry 12
b 5of total cash 22
777
38
Trust f
o Kevin A
b McMurtry 5 of total cash
12 22
777
38
o Andrew R
Trust f
b McMurtry 75 of total
Note 83
892
194
Cash 52
770
37 35
663
232
Total Proposed Distribution 79
217
310

8 James B McEvoy Trustee agrees to make a principal distribution of 19

76 to Andrew
187
R McMurtry from the Trust established under Rosemary E McMurtry
swill for the benefit of
Andrew R McMurtry representing reimbursement for a loan incurred by Andrew R McMurtry for
tuition payments to Providence College for Robert L McMurtry
college

9 James B McEvoy Trustee agrees to make a principal distribution of 00

585 to George
4
Mason from the Trust established under the will of Rosemary E McMurtry
University s for the benefit
of Andrew R McMurtry representing college tuition for the fall semester for Robert L McMurtry
James B McEvoy Trustee agrees that if Robert L McMurtry is enrolled at George Mason University
for 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 Robert
s 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 of 00 800 representing payment for a laptop computer only if prior to such
1
payment Robert L McMurtry provides an affidavit that he has not previously purchased a computer
while at Providence College

10 Kevin P McMurtry has requested a principal distribution in the sum of 00

000 from the
5
Rosemary McMurtry
E Trust for the benefit of Kevin P McMurtry Upon receipt and review of
appropriate proof of his need of the sum of 00
000 for living expenses James B McEvoy Trustee
5
will make a distribution to Kevin P McMurtry from said Trust

To have and to each of the parties hereto and his her heirs and the
hold to or
assigns forever
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 premises
so assigned to the other forever barred and secluded

In witness whereof we have hereunto set our hands and our seals this
y day of September
2007

Signed Seale and delivered

In the prese ce of

Andrew R McMurtry individually and as

VALERIE LEE Co of the Estates of Robert G

Executor
NOTARY PUBLIC McMurtry and Rosemary E
McMurtry
OMM
MY COMMISSION EXPIRES MAR 31 2011

S
 maul dae
ruuuc guy
race

u
Kevin A
VALERIE LEE McMurtry
NOTARY PUBLIC

COMMONWEALTH OF VIRGINIA

I c3
Robert L McMurtry
VALERIE LEE
NOTARY PUBLIC

COMMONWEALTH OF VIRGINIA

J C
l
Diane S Blick Co
Executrix

i
Q t
Q
I
CL

STATE OF T Jr rf9

q qa
yc fid
e
i
Ssb September 2007
COUNTY OF U

Personally appeared ANDREW R McMURTY individually and as Co

Executor unc r the
Last Will and Testament of ROBERT G McMURTY deceased and ROSEMARY E Y
McMUR
deceased signer and sealer ofthe foregoing instrument and acknowledged that he executed the same in
the capacity for the purpose therein stated and that the same is his free act and deed before me

VALERIE LEE
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES MAR
31 2011
 VALERIE LEE ov e uuuc
ula rdge ilu

NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
0
4
9 rI
MY COMMISSION EXPIRES MAR 31 2011

I
STATE OF
G
r I
ss r
i
o September 2007
COUNTY OF
ix
Personally appeared Kevin A McMurtry signer and sealer of the foregoing instrument and
be his free act and deed before me
VALERI LEE
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES MAR 31 2011 ry
STATE OF
Utr yl o

COUNTY OF
ss
September Y 2007

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

STATE OF CONNECTICUT
Ss Litchfield September 2007
COUNTY OF LITCHFIELD

Personally appeared DIANE S BLICK as Executrix under the Last Will

Co and Testament of
ROBERT G McMURTY deceased and ROSEMARY E McMURTRY deceased signer and sealer of
the foregoing instrument and that she executed the
acknowledged same in the
capacity and for the
purpose therein stated and that the same is her free act and deed before me

d EL CARBONE
LaCASSE
k Y PUBLJC
MY COMMISSION EXPIRES 08
31
5
STATE OF CONNECTICUT

Ss Litchfield September l2007

COUNTY OF LITCHFIELD

Personally appeared 3AMES B McEVOY as Co Executor under the Fast Will and Testament
of ROBERT G McMURTY deceased and ROSEMARY E McMURTRY deceased
of the foregoing instrument and signer and sealer
acknowledged that he executed the same in the capacity and for the
purpose therein stated and that the same is his free act and deed before
me

ELINOR
CARBONE
LaCASSE
NOTARY PUBLIC
MY COMMISSION
EXPIRES 08
31
5
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EXHIBIT A
1
COURT OF PROBATE

Court of Probate District of Litchfield District No 074

Estate of Rosemary E McMurtry late of Wanen Connecticut deceased

The subscriber Executor of said estate

Co said of trust effective
hereby resigns position May 22
2007 and submits herewith his final account

Dated at Litchfield Connecticut this of September 2007

day

ti

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EXHIBIT A
2

COURT OF PROBATE

Court of Probate District of Litchfield District No 074

Estate of Robert G McMurtry late of Warren Connecticut deceased

The subscriber Co
Executor of said estate
hereby resigns said position of trust effective
May 22
2007 and submits herewith his final account

Dated at Litchfield Connecticut this of

day September 2007

drew R McMurtry
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BTT B
EXH 1

COURT OF PROBATE

Court of Probate District of Litchfield District No 074

ESTATE OF DATE OF DECLINATION

ROBERT G McMURTRY May 23 2007

I ANDREW R McMURTRY having been named Co

Trustee under Article Eight of

the Last Will and Testament of ROBERT G McMURTRY dated of the trust
August 19 1998
created for the benefit of Robert Lawrence McMurtry under Article THREE B 2 thereof HEREBY

DECLINE SAID POSITION OF TRUST

Dated at Litchfield Connecticut this of September 2007

day

Andrew R
z
McMurtry
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EXHIBIT B
2

COURT OF PROBATE

Court of Probate District of Litchfield District No 074

ESTATE OF DATE OF DECLINATION

ROBERT G McMURTRY May 23 2007

I ANDREW R McMURTRY having been named Co

Trustee under Article
Eight of
the Last Will and Testament of ROBERT G McMURTRY dated
August 19 1998 of the trust

created for the benefit of Andrew R under Article THREE B 2 thereof HEREBY
McMurtry
DECLINE SAID POSITION OF TRUST

Dated at Litchfield Connecticut this of September 2007

day

Andrew R Mc urtry
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EXHLBIT B
3

COURT OF PROBATE

Court of Probate District of Litchfield

District No 074

ESTATE OF DATE OF DECLINATION

ROBERT G McMURTRY 2007
May 23

I ANDREW R McMURTRY having been named Trustee

Co under Article of
Eight
the Last Will and Testament of ROBERT G McMURTRY dated
August 19 1998 of the trust

created for the benefit of Kevin Andrew under Article THREE B 2 thereof HEREBY
McMurtry
DECLINE SAID POSITION OF TRUST

Dated at Litchfield Connecticut this of September 2007

l day

G
drew R McMurtry
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EXHIBIT B
4

COURT OF PROBATE

Coart of Probate District of Litchfield District No 074

ESTATE OF DATE OF DECLINATION

ROSEMARY E McMURTRY September L 2007

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

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

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

DECLINE SAID POSITION OF TRUST

Dated at Warren Connecticut this f day of September 2007

Andrew R McMurtry
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EXHIBIT B
5

COURT OF PROBATE

Court of Probate District of Litchfield

District No 074

ESTATE OF
DATE OF DECLINATION
ROSEMARY E McMURTRY
Se tembe 2007

I ANDREW R
McMURTRY having been named Trustee under Article
Eight of the
Last Will and Testament of
ROSEMARY E McMURTRY dated
August 19 1998 of the trust
created for the benefit of Kevin Andrew
McMurtry under Article THREE B 2 thereof HEREBY
DECLINE SAID POSITION OF TRUST

Dated at Warren Connecticut this

day of September 2007

l
An R
rew
McMurtry
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EXHIBIT B
6

COURT OF PROBATE

Court of Probate District of Litchfield District No 074

ESTATE OF DATE OF DECLINATION

ROSEMARY E McMURTRY September 2007

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

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 thereof HEREBY

DECLINE SAID POSITION OF TRUST

Dated at Warren Connecticut thisy of September 2007

day

drew R McMurtry
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EXHIBIT C
1
GENERAL 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 of 1

00 ONE DOLLAR and other and valuable
good consideration to him

in hand paid by Diane S Blick and James B McEvoy Executors of the Estate of
Co Rosemary E

McMurtry late of Warren Connecticut hereinafter Releasees the receipt whereof is

hereby
acknowledged has remised released and forever
discharged and by these presents does for himself
his heirs executors administrators successors and release and forever
assigns remise discharge
the said Diane S Blick and James B both individually
McEvoy and as Executors of the Estate of
Co

Rosemary E McMurtry their heirs executors administrators successors and of and from
assigns
any and all manner of action and actions cause and causes of actions suits damages judgments
executions claims for personal injuries property damage and demands in law
whatsoever 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 McMurtry
at any time prior to May 3 2006 including but without limitation any and all transfers whether

authorized or unauthorized initiated utilizing any power of attorney 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 007
COUNTY OF
X
On this day of September 2007 personally appe ed Kevin A McMurtry signer and
sealer of the foregoing instrument and acknowledged the sam o be is free act and deed before me

Notary Public

VALERIE LEE
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES MAR 31 2011
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EXHIBIT C
2
GENERAL 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 of
sum
00
1 ONE DOLLAR and other
good and valuable
consideration to him
in hand paid by Diane S Blick and James B
McEvoy Co
Executors of the Estate of Robert G
McMurtry late of Warren Connecticut hereinafter Releasees the receipt whereof is hereby
acknowledged has remised released and forever
discharged and by these presents does for
himself
his heirs executors administrators successors and assigns remise release and forever
discharge
the said Diane S Blick and James B
McEvoy both and
individually as Executors of the Estate of
Co
Robert G their
McMurtry heirs executors administrators successors and
assigns of and from
any
and all manner of action and
actions cause and causes of actions suits
damages judgments
executions claims for personal injuries property damage and demands
whatsoever in law or in
equity which he ever has
had now 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 Robert G
McMurtry at
any time prior to March 25 2006 including but without limitation any and all transfers whether
authorized or unauthorized initiated utilizing any power of attorney held by Andrew McMurtry from the
said Robert G
McMurtry

IN WITNESS
WHEREOF 1 have hereunto set
my hand and seal at Litchfield Connecticut this
day of September 2007

Kevin A McMurtry

STATE OF ll
ir Fz1
ii
ss
COUNTY OF s2007
September
x

of the
On
this
d
4 ay of September 2007 personally appeared in A
McMurtry signer and sealer
foregoing instrument and acknowledged the same to be free t and deed before me

No ary Public

VALERIE LEE
NOTARY pgLIC
COMMONWEALTH
MY
OF VIRGINIA
COMMISSION EXPIRES MAR 31 2011
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EXHIBIT C
3
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 of 1

0 0 ONE DOLLAR and other good and valuable consideration to him

in hand paid by Diane S Blick and James B Coof the Estate of

Executors
McEvoy Rosemary E

McMurtry late of Warren Connecticut hereinafter Releasees the whereof is

receipt hereby
acknowledged has remised released and forever discharged and by these presents does for
himself
his heirs executors administrators successors and assigns remise release and forever
discharge
the said Diane S Blick and James B McEvoy both and as Co
Executors of the Estate of
individually
Rosemary E McMurtry their heirs executors administrators successors and of and from
assigns
any and all manner of action and actions cause and causes of actions suits damages judgments
executions 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 the said Andrew
by McMurtry from Rosemary McMurtry
at any time prior to May 3 2006 including but without limitation any and all whether
transfers
authorized unauthorized initiated
or
utilizing any power of attorney 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

Robert L McMurtry

STATE OF
ss September 2007
COUNTY OF

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

f
Notary Public

VALERIE LEE
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES MAR 31 2011

SS
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EXHIBIT C
4
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 of 00 ONE DOLLAR
1 and other
good and valuable
consideration to him
in hand Diane S Blick and James B
paid by McEvoy Co
Executors of the Estate of Robert G
McMurtry late of Warren Connecticut hereinafter Releasees the
receipt whereof is hereby
acknowledged has remised released and forever
discharged and these presents does for
by himself
his heirs executors administrators successors and assigns remise release and forever
discharge
the said Diane S Blick and
James B McEvoy both individually and as Executors of the Estate
Co of
Robert G McMurtry their heirs executors administrators successors and of and from
assigns any
and all manner of action and
actions cause and causes of
actions suits damages judgments
executions 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 Robert G
McMurtry at
any time prior to March 25 2006 including but without
limitation any and all transfers whether
authorized or
unauthorized initiated utilizing any power of attorney held
by Andrew McMurtry from the
said Robert G
McMurtry

IN WITNESS WHEREOF I have hereunto set

my hand and seal at Litchfield Connecticut this
day of September 2007

Robert L McMurtry

STATE OF
ss

COUNTY OF September 2007

On
ay of September 2007
9
this personally appeare Robert L McMurt
of the sealer
foregoing instrument and acknowledged the same to his free act and deed befoee me

9 0

VALERIE LEE
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES MAR
31 2011
n Q tt cT
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EXHIBIT D
STATE OF CONNECTICUT
PROBATE COURT DISTRICT OF LITCHFIELD

In the Matter of the Settlement of the

Administration of Proceedings of RECEIPT

DIANE S BLICK JAMES B McEVOY and and
ANDREW R McMURTRY CoExecutors RELEASE
Under the Last Will and Testament of
ROSEMARY E McMURTRY deceased

The undersigned ANDREW R McMURTRY

acknowledges receipt of the sum of ONE
HUNDRED THOUSAND AND NO 100 DOLLARS distributed as follows The sum of
00
000
100
FIFTY SEVEN THOUSAND FIVE HUNDRED AND NO 100
00 DOLLARS paid by check to
500
57
Andrew R McMurtry and the sum of FORTY TWO THOUSAND FIVE HUNDRED
00
500
42
DOLLARS has been applied to his outstanding indebtedness of TWO HUNDRED THIRTY SEVEN
THOUSAND THREE HUNDRED NINETY TWO AND 83 100 23783 DOLLARS owed to the
392
Estate of Rosemary E McMurtry and that this said and
payment application of said sum is a full and
final distribution of the specific bequest to him under Article FOUR 1 of said Wi
I The undersigned

hereby releases and forever discharges the Estate of ROSEMARY E McMURTRY and said Co
Executors of and from any further liability or accountability to him in connection with and to the extent
of the application of funds made for his benefit as aforesaid and in consideration of such
application
in advance of the
completion and settlement of the final account of said Co Executors the
undersigned hereby agrees to indemnify and hold harmless said Diane S Blick and James B
McEvoy as CoExecutors as aforesaid from any and all liability arising by reason of the
making of the
aforesaid application including without limitation
any liability for claims presented against the estate
imposed upon beneficiaries under the provisions of Connecticut General Statutes Section 45a 365
through 373 inclusive and to refund to the extent of the fair market value of any application
45a
made heretofore or
pursuant hereto such amount to the Co Executors to the extent that it be
determined to be in excess of the amounts properly applied provided that the undersigned shall not
be liable for more than the amount applied to his
outstanding indebtedness
DATED September 2007

Andrew R McMurtry
Social Security Number
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EXHIBIT E
PROMISSORY NOTE

83
392
187
Litchfield Connecticut
September 2007

FOR VALUE
RECEIVED I ANDREW R McMURTRY promise to
pay to the order of JAMES
E McEVOY Executor of the Estate of ROSEMARY E
McMURTRY the principal sum of ONE
HUNDRED NINETY FOUR THOUSAND EIGHT ED UNDR NINETY TWO AND 83
I 100
83 DOLLARS with interest thereon at the rate of 4
892
194 84 percent per annum
taxes levied
together with all
or assessed on this
Note and any costs expenses or
s fees incurred in the collection of
attorney
thisNote provided the terms of this Note are not in default otherwise at the rate of ten
annum on the unpaid
10 percent per
principal balance to be paid in monthly installments of
principal and interest in the
of Two Thousand
sum
Fifty One and 93
100 93 051 DOLLARS commencing thirty days
2 after the
funding of the Rosemary E McMurtry Trust with any proceeds of the sale of the
McMurtry real estate in
Warren 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 or
interest of this Note as provided herein for a of fifteen
period days after any ofthe same shall become due
and payable and
thereafter ten 10 days after notice thereof has been given to the maker then the
balance of this Note shall at the option ofthe holder unpaid
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
time without penalty any

The maker shall pay late of five

a
charge 5 percent of any payment past due for more than
fifteen 15 days

Presentment notice of dishonor and protest are

hereby waived by all makers guarantors and
endorsers 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 3
on page 2 of the Mutua Distribution Agreement for the Estates of Rosemary E
McMurtry and Robert G
McMurtry I 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

l
Robert L McMurtry

STATE OF

ss
September 2007
COUNTY OF

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

Notary Public

VALERIE LE

COMMONWEq TH OFIV R
MY
COMMISSION EXPIRES MAR 3 G201
9S
T
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fir

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

lz
Kevin A McMurtry

STATE 0 F U

ss
X September 1 2007

COUNTY OF rG
j
X
On this first of September 2007
day personally appeared Kevin A McMurtry signer and sealer
of the foregoing instrument and the
acknowledged same to be his free act and deed before me

c
y

Notary Public

VALERIE LEE
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY
COMMISSIGN EXPIRES MAR 31 2011