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trust known as the "Timothy J. Tehan Irrevocable Trust".
On November 5, 1997, in anticipation of the three deeds
discussed below that decedent executed with respect to decedent’s
residence, decedent and decedent’s children executed an agreement
(November 5, 1997 agreement) concerning that residence, which was
the only agreement with respect to decedent’s use and occupancy
of decedent’s residence into which decedent and decedent’s
children entered. The November 5, 1997 agreement provided in
pertinent part:
THIS AGREEMENT, made this ___ day of _______,
1997,[2] by and between TIMOTHY J. TEHAN and TIMOTHY R.
TEHAN, ANN M. SANNER, PATRICK G. TEHAN, EILEEN T.
TEHAN, DANIEL J. TEHAN, ERIN M. BOCCIA, MAUREEN R.
TEHAN and WILLIAM T. TEHAN (collectively the “Owners”).
* * * * * * *
NOW THEREFORE, in consideration of the mutual
promises, covenants and agreements herein contained,
the parties agree as follows:
1. Occupancy of Property and Payment of Ex-
penses. Timothy J. Tehan shall have the sole and
exclusive right to the use and occupancy of the Prop-
erty for such period of time as he desires. While he
is occupying the Property, Timothy J. Tehan shall not
pay any rent, but shall be solely responsible for the
payment of any mortgage secured against the Property,
the monthly condominium assessment, the annual real
estate taxes and insurance premiums for the Property,
and all costs or expenses in connection with the main-
tenance and repair of the Property. At such time as
Timothy J. Tehan ceases to occupy the Property, such
costs and expenses shall be divided between the owners
of the Property, in accordance with their percentage
2As we found above, decedent and decedent’s children exe-
cuted the agreement on Nov. 5, 1997.
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