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HomeMy WebLinkAbout02-13-12l .; r-r a.. - a ~ r- ~ '~_ I~1 t?~ t '~ ~ ~ - ~ + ._`~~ Control# 10061 STATE OF NEW YORK) EXEMPLIFICATION SURROGATE'S COURT) "'' ^ `~~' FILE#: 2010-3113/A COUNTY OF ERIE ) ~~ ~ ~ ~ ~$ i 3 ~f~ ~- '` j FILE NAME: Roger R Melius Sr I, Joseph A. Shifflett, Chief Clerk of the Erie County Surrogate's Court, ~i ~~ rt of Record, do hereby certify that the copies of the documents listed below, were compared to the original records the Surrogate's Office of the County of Erie, and in my care and custody as the Chief Clerk of the Surrogate'~~~ ~~pe are full, exact and correct transcripts therefrom, and of the whole of each original record. `- '' ~ ~ ~'A LAST WILL AND TESTAMENT DATED FEBRUARY 18, 2010, PETITION FOR PROBATE OF WILL, DECREE PROBATE OF WILL AND LETTERS TESTAMENTARY IN THE ESTATE OF ROGER R MELIUS SR. A/K/A ROGER R. MELIUS IN TESTIMONY WHEREOF, I have hereunto set my hand, and affix the seal of the Erie Surrogate's Court on February 8, 2012. Qom. C-~~ Joseph A. Shifflett, Chief Clerk STATE OF NEW YORK ) SURROGATE'S COURT ) COUNTY OF ERIE ) I, Barbara Howe, Presiding Judge of the Surrogate's Court, do hereby certify that Joseph A. Shifflett, the person attesting the above certificate, is Chief Clerk of the Surrogate's Court, that his/her signature to the attestation is genuine, that he/she is the legal custodian of the records and files of the Court, and that the certificate and attestation are in due form. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Erie Surrogate's Court on February 8, 2012. /[ / O~/1.r~cU~V Barbara Howe, Surrogate STATE OF NEW YORK ) SURROGATE'S COURT ) COUNTY OF ERIE ) I, Joseph A. Shifflett, Chief Clerk, of the Erie County Surrogate's Court, do hereby certify that the Honorable Barbara Howe, is the Surrogate of Erie County, duly commissioned and qualified, and the Presiding Judge of the Surrogate's Court, and that his/her signature to the foregoing certificate is genuine. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Erie Surrogate's Court on February 8, 2012. Q~ ~~ Joseph A. Shifflett, Chief Clerk (Facsimile signature maybe used pursuant to Section 2609 of the Surrogate's Court Procedure Act) ~~~ FEB 3_ ~~ c~ae i:~'uVi~'~ ~ I~1cK~Vi~H7 !~AVJ OFFICES t LAST WILL AND TE'STat1MENT of ROGER R MELIUS, SR. RECEIVED AUG b 5 2010 suA~oo~-r~s t~cf ~E AMY. N.Y. I, R; R R MELIUS, SR., residing at 11712 Moore Road, Springville, New York . ~, ~. ,r.~ 14141, ,'~ `;~ g' of sound mind and memory, da rnake, publish and declare this to be my Last Will and Tese~nt, in manner following, that is to say: rt FIRST: I direct my Executors hereinafter named to pay ail my just debts and expenses as soon after my death as practicable. SECOND: After paymerrt of any expenses, taxes, legal fees, commissions, etc. necessary for the Administration of my Estate, I direct my Executor to hold and/or invest a portion or, if necessary, ail of my assets until such time as my youngest child, STEVEN MATTHEW MELIUS, attains the age of twenty-one years. In their sole discretion, the Executor shall determine said amount to set aside sufficient to pay from my Estate all necessary expenses to maintain my home located at 11712 Moore Road, Springville, New York for the benefit of all my children, in particular for the benefit of any minor children that may survive me. Necessary expenses shall include, but not be limited to, real property taxes, utilities, maintenance, phone, cable, etc. Any unused funds shall pass to my residuary estate as hereinafter set forth. In the event that no child of mine under the age of 21 resides at 11712 Moore Road, Springville, New York then this paragraph shall lapse. This paragraph shall also lapse in its entirety in the event that any of my minor children reside with my ex-wife, Dawn Melius, whether at 11712 Moore Road, Springville, New York or elsewhere. Upon lapse of this ,- ~ ~,,~ , paragraph or when my youngest child attains the age of 21 I direct that my house be sold and the proceeds distributed as part of my residuary Estate. I acknowledge that I have assets that may pass outside of my Estate including an an Annuity. In the event that my Estate has insufficient assets to carry out this paragraph I authorize my Executor, in their discretion, to sell 11712 Moore Road, Springville, New York and hold the net proceeds therefrom to provide suitable housing for my children until they reach the age of 21. Tom: I hereby give, devise and bequeath all the rest, residue and remainder of my property and estate, real and personal of whatsoever kind or character and wheresoever situate to my children, in equal shares, per stirpes. FOURTH: I hereby appoint my son, ROGER R. MELTUS, JR., as Guardian of the person and property of any infant child, me surviving. To the extent that it is practicable, it is my desire that my son reside in my home with my minor children. In the event that my son is unable to act as Guardian then I hereby appoint my brother, RONALD MELIUS, presently residing in Carlisle, Qennsylvania, as Successor Guardian. I specifically and intentionally omit my ex-wife, Dawn Melius, from being named as Guardian of either the person or property. FIFTH: I hereby nominate and appoint my son, ROGER R MELIUS, JR. as Executor of this my Last Will and Testament. In the event that my son, ROGER R MELIUS, shall predecease me or for any other reason cannot serve as my Executor, then I nominate and appoint STEPHEN J. HILBERT, as Successor Executor in his place and stead. I direct that the Executor (or Executrix) of this, my Will, shall not be required to furnish any bond or other security in any jurisdiction for the performance of his (or her) duties. SIXTH: If any beneficiary and I should die under such circumstances that there is insufficient evidence to determine which one of us survived the other, it shall be deemed for the purposes of this, my Will, that such beneficiary did not survive me. SEVENTH: I confer upon the Executor (or Executrix) of this, my Will, with respect to the management and administration of my property, real or personal, the following discretionary powers, without limitation by reason of specification: 1. To retain aay property for such period of time as he (or she) may deem advisable without liability for depreciation or loss; to deposit any moneys at any time constituting a part of my estate in any one or more banks, savings or commercial, in such form of account, whether or not interest-bearing, and without limitation as to the amount of any such account, or, in the discretion of my Executor (or Executrix), to hold any such moneys uninvested. 2. To lease real property for such period, with or without an option to purchase, and upon such terms as he {or she) may deem advisable. 3. To borrow money for any purpose whatsoever and to mortgage real property and pledge personal property as security for such loans. 4. To sell, exchange or otherwise dispose of any or all of my property, real or personal, at public or private sale, at any time and from time to time, for such consideration and upon such tenors, including terms of credit, as he shall deem advisable. ~ ~~_~ ~~ 5. In his (or her) discretion, to vote, in person or by proxy or consent for any purpose in respect of any stocks or other securities constituting assets of my estate; to exercise or sell any rights of subscription or other rights in respect thereof. 6. In malting distribution of any property to persons entitled thereto hereunder, to convey, transfer or pay over the same in kind or in money or partly in kind and partly in money, and for such purposes to transfer and assign undivided interests in any such property. EIGHTH: If any person (or persons) who takes under this, my Will, is under the age of thirty (30) years at the time title vests in him (or her), I direct my Executor to retain such persons's share to manage, invest and reinvest the same and apply the net income therefrom, or such portion thereof and such portion of the principal as my Executor may deem necessary for the proper education, support and general welfare of such person until he (or she) attains the age of thirty (30) years, at which time I direct my Executor to transfer or pay to such person the accumulated income, if any, and the balance of the principal. My Executor is authorized to retain any part of such income not so used and to reinvest the same. In lieu of making application of the net income and principal, if any, for the benefit of any such person, I authorize my Executor to make payments thereof to himself without obligation to look to the proper application thereof by the person receiving it. NI TH: Pursuant to the New York State Surrogate Court Procedure Act §315 (5), I specifically authorize the virtual representation of any person under a disability, by any party to the proceeding who has the same interest as such person under disability. Said "proceeding" '+ shall mean any proceeding (whether for an accounting or otherwise) involving my estate or any trust created hereunder, in which all persons interested in my estate are required to be served with process. All references to the New York State Surrogate Court Procedure Act herein include any revisions or successor statutes thereto. TENTH: I hereby revoke all former Wills and Codicils made by me. IN WITNESS WHEREOF, I sign, seal, puhlish and declare this as my Last Will and Testament in the presence of the undersigned persons witnessing it at my request this 18th day of February, 2010. Roger R Me ius, Sr. The foregoing written instrument, consisting of this and four preceding pages, was on the day of the date thereof, signed, sealed, published and declared by the Testator therein named, Roger R Melius, Sr. as and for his Last Will and Testament, in the presence of us and each of us, who, thereupon at his request and in his presence and in the presence of each other have hereunto subscribed our names as WITNESSES this 18~' day of February, 2010. at 152 Ste rling A venue Buff alo , New York 14216 at 152 Sterling Avenue Buffalo. New York 14216 Filing Fee Paid : ' Carts S STATE OF NEW YORK Carts S SURROGATE'S COURT: COUNTY OF ERIE S Bond, Fee: S X Receipt No: No:_ PROBATE PROCEEDING, PETITION FOR PROBATE AND: WILL OF I X] Cotters Testamentary ROGER R. MELIUS, SA. [ ] Letbrs of Tnnbeship [ ] Letters of Adminbtratlon o.t.a. Deceased. a f`ill7 -~ ~i i,3~' X Flle No. To the Surrogate's Court, County of Erie: It is resp~N aNeged: 1.(a) The name, atizenship, domicile (or, in the case of a bank or trust company, its principal otTioe) and interest in this proceeding of the petitioner are as follows: Name: ROGER R. Domicile or Principal Office: 11712 M ~oad_Sorinavillc (Street end Number) Sorinavtlle New York 14141 (City, ViMege or Town) (State) (ZiRCode)+s Mailing Address: rr-~= (It dwerem from damidb) ~,,; Citizen of. Untied States rTrn~; ~ ' ~ Name: ~ ~~ 1 11 y' _ ~4 Domicile or Prinapal Ofhoe: , Z r", '"i (Street and Number) ~ ~`: ~ - ~ T~ p (City, Vilaps or Town) (State) (Zip ) ,~„ ~~ Matting Address: " p'+ (If dYferent Uom domidle) Citizen of: Interest (s) of Peddoner (s): {Check one] (X ]Executor (s) named in decedent's Will [ l Other (Specify) 1.(b) The proposed Executor [ ] is [ X ] is not an atlomey. [NOTE: A sde Executor-Attorney must comply with 22 NYCRR 207.16(e)] 1.(c) The proposed Execxltor [ ] is [ X ] is not the attorney-draftsperson, athen-afflNated a [NOTE: An attorney-draftsperson, sthen-etiWated attom or em o ~~y or employes thereof. ey a yee thereof must compy with SCPA 2307-a] 2. The name, domidk, date and place of death, and netkxlat citizenship of the above-nartmd deoeder-t as follows: (a) Name: Roger R. McNus. Sr. (b) Date of death JuM 15.2010 (c) Piaoe of death Bertrand Chaffee Hospital Sorinaville New York (d) Domicile: Street 11712 Moore Road City, Town, Village SnrinaviMe County Erie State __ New York (e) Citzen of: United States 3. The Last Vlfill, fierewRh presented, relates to both real and personal property and consists of an instnxnent or inatrumertts dated as shown below and signed at the end thereof by the decedent and the following attesting witnesses: _ Februerv 18.2010 Suzanne M. Gannon and Joseph T Gannon (Date of Will) (Names of a1 Ww,ssaea to Wilry (Date of Codieiq (Names of AIt Vlfltnesses to Codk~ (Date of Codidt) (Names of al Witnassq to Codidq 4. No other will or codicil of the decedent is on file in this Surrogate's Court, and upon information and belief, after a diligent search and inquiry, including a search of any safe deposit box, there exists no will, codicil or other testamentary instrument of the decedent later in date to any of the instruments mentioned in Paragraph 3 except as folbws: [Enter "NONE" or specify] NONE 5. The decedent was survived by distributees classified as follows: (Information is required only as to those classes of surviving relatives who would take the property of decedent pursuant to EPTL 4-1.1 and 4-1.2. State the number of survivors in each class. Insert "NO" in all prior classes, insert "X" in all subsequent classes]. a.~~ [ ] Spouse (husband/wife). b. 6 [ ] Child or children and/or issue of predeceased child or children. (Must Include marital, nonmarHal, adopted. or adopted-out of child under DRL Section 11'17 C. [ x ] MothedFather. d. [ x ] Sisters and/or brothers, either of the whole or half blood, and issue of predeceased sisters and/or brothers (nieces/nephews, etc.) e. [ x ] Grandparents. [Include maternal and patemat] f. [ x ] Aunts endr'or uncles, and children of predeceased aunts and/or uncles (first cousins). [Include maternal and patemalJ g. [ x) First cxwsins once removed (children of predeceased first cousins). [include maternal and paternal] 6. The names, relationships, domitdle and addresses of all distributees (under EPTL 4-1.1 and 4-1.2}, of each person designated in tt-e Will herewith presented as primary executor, of ail persons adversely affected by the purported exercise by such Will of any power of appointment, of aY persons adversey affected by any codidl and of all persons having an interest under any other will of the decedent on file in the Surrogate's Courk ere hereinafter set forth in subdivisions {a) and (b). [If the propounded will purports to revoke or modify an inter vivos trust or any other testamentary substitute, list the names, relationships, domicile and addresses of the trustee and beneficiaries affected by the will in subparagraphs (a) and (b) below. Submk trust agreement] (a) All persons and parties so interested who are of full age and sound mind or which are corporations or associations, are as follows: Name and Relationship Domicile Address and Mailing Address Description of Legacy, Devise or Other Interest, or Nature of Fidudary Status Rooger R Melius, .ir. 11712 Moore Read, Springville, NY 14141 son/Petitioner/residual beneficiary Shannon Melius 11712 Moorc Road, Springville, NY 14141 daughter/residual beneficiary Christopher Melius 11712 Moore Road, Springville, NY 14141 son/residual beneficiary Raymond Melius 11712 Moore Road, Springville, NY 14141 son/rosidual beneficiary (b) Name and Relationship Joseph Melius Steven Melius Ail persons so interested who are persons under dlsaWNty, are as follows: [Furnish all information specified in NOTE foNowing 7b] Domicib Address and Mailing Address 11712 Moore Road, Springville, NY 14141 l 1712 Moore Road, Springville, NY 14141 Description of Legacy, Devise or Other Interest, or Nature of Fiduciary Status minor son/residual beneficiary minor son/residual beneficiary 7. (a) The names and domiciliary of all substitute or successor executors and of all trustees, guardians, legatees, devisees, and other beneficiaries named in the Wlli and/or trustees and beneficiaries of any inter vivos trust designated in the propounded wll other than those named in Paragraph 6 herewith are as fellows: Name Domicile Address and Description of Legacy, Devise Mailing Address or Other Interest, or Nature of Fiduciary Status Stephen Nilberl 318 Euclid Avenue, Kenmore, NY 14217 Substitute Executor Ronald Melius 4760a Main Street, Marion, PA 17235 Substitute Guardian Rooger R. Metius, Jr. 11712 Moore Road, Springville, NY 14141 son/Petitioner/residual beneficiary Shannon Melius 11712 Moore Road, Springville, NY 14141 daughter/residual beneficiary Christopher Melius 11712 Moore Road, Springville, NY 14141 son/residual beneficiary Raymond Melius 11712 Moore Road, Springville, NY 14141 son/residual beneficiary (b) All such legatees, devisees and other beneficiaries who are persons ender disability are as follows: [Fumish all information specified in NOTE below] Name Domicile Address and Description of Legacy, Devise Mailing Address or Other Interest, or Nature of Fiduciary Status Joseph Melius (DOB t/17J1993)** 11712 Moore Road, Springville, NY 14141 minor son/residual beneficiary Steven Melius (DOB 780/1993)** 11712 Moote Road, Springville, NY 14141 minor son/residual beneficiary ** Joseph and Steven reside with their brothers, Roger Melius, Jr. and Christopher Melius. Their mother is still living. No Court appointed Guardian. [NOTE: In the case of each ~faM, state (a) name, birth date, relationship to decedent, domicile and residence address, and the person with whom he/she resides, (b) whether or not he/she has escort-appointed guardian (if not, so state}, and whether or not hisfier father and/or mother is living, and (c) the name and residence address of any court-appointed guardian and the information regaMing such appointment. In the case of each other person under a disability, state (a) name, relationship to decedent, snd residence address, (b) facts regarding his disabtlity including whether or not a committee, conservator, guardian, or any other fiduaary has been appointed and whether or not he/she has been committed to any institution, and (c) the names and addresses of arty committee, person or institution heving care and custody of himlher, corts~vator, gt~dian, and any relative or friend having an Merest in hisJher welfare. In the case of a parson ooMined as a prisoner, state place of incaroeratiai and Nst any person having an interest in hisTher welfare. In the case of unknowns, destxibe such person in the same language as will be used in the process.[ 8. (a} No beneficiary under the to the decedent, such as attorney, arxoui the conftdentlal retatlonship]. _1 I will, Nsted in Paregreph 6 or 7 above, had a confidential relationship yor dergyperson, axcePt [fir "NONE" or in~cab the nature of (b) No persons, corporations or associatisons area irMsrsstsd h this procssdirg other than those nrentlonsd above. 9. (a} To the best of the knowledge of the undersigned, the a ximate total value of all property constituting ,~ the decedents gross testamentary estate is greater than i ,~,_j,Q~. ~s twt less than $ a Ste, oOO. ~~ Personal Properly Z X17, oc0, °V~ Improved real property in New York State $ a pO ~ cAD ~ ao Unimproved veal property in New York Stets $ n/ I? Estimated gross rerrts for a period of 18 months ~ N ~ (b) No other testamentary assets exist in New York State, nor does eny cause of actbn exist on behalf of the estate, except as folk-ws: [Enbr "NONE" or apecMy] 10. Upon information and belief, no other petition for the probate of any will of the decedent or for letters of administration of the decedent's estate has heretofore been filed in eny court. WHEREFORE your petitioner (a) pray (s) that process be issued to aH neoeasary parties to show cause why the Wtil and the Codicil {a) set forth 1n Paragraph 3 and proaanted herowitlt should rat be admitted to probate; (b) that an oMer be granted directing the service of process, pursuant m the provisbns of Article 3 of ttte S.C.P.A., upon the persons named in Paragraph (B) hereof whose narr>~ or Wfiensabouls are unknown and cannot be ascertained, or who may be persons on whom service by personal delivery cannot be made; and (c) that such WIII and Codicil (a) be admitted to probate as a Wllf of rea! and personal properly and that letters issue thereon as folk„rra: [Check and complete a1! reNef requested.] [mil Letters Testamentary to _ ~ ~?ye e R • f yhe l i u S , .~' (Z [ ] Letters of Trusteeship to [ ) Letters of Administration c.t.s. to filb/o flbJo f/b/o and that petitioner (s} have such other relief as may be proper. ~~~ 0 1. ~ 2. ro etitioner) (Signature of Petitioner) ~~~ R. ~e~ ~ mss, s~ . (-artrrt Name) (Print Name) 3. (Name of Corporate Petttbner) (Signature of Officer) (Print Name and Title of Officer) colMetNlEro v~~caTwN, oan~ aN~ ~s~-~anoN [For use when petiffioner is arl indNktual] STATE OF NEW YORK ) COUNTY OF f% Q l ~. ) ss.: The undersigned, the petitioner named fn the foregoing petition, being duly sworn, says: 1. VERIFICATION: I F>ewe read the foregoing petitioon subscribed by me and know be contents thereof, and the same is true of my own knowledge, except as b the mailers theroin stated to be alleged upon information and beNef, and as tD those matters I believe it to be true. 2. OATH OF [ ~ EXECUTOR ( ] ADMINISTRATOR c.t.a. [ j TRUSTEE as indicated above: I am over eighteen (18) years of age and a ddzen of tha Unified States and I wiN well, faithfully and honestly discharge the duties of Fiduciary of the goods, chatbals and credits of said decedent acxording to law. I am not ineligible to receive letters and wilt duly account for sli moneys and other property that will come Into my hands. 3. DESlGNA~ON OF CLERK FOR SERVICE OF PROCESS: l hereby designate the Clerk of the Surrogab's Court of G I ~ County, and his/her successor to oflkx, as a person on whom service of any process, issuing from fiUCh Court may be made in like manner and with like effect as ff it were served personally upon rrle, whenever I cannot be found and served within the Stab of New York after due diligence used. ~ tlnmiril. On --- . - ~U~ "1 ~~ 20 IO .before me pen~onally came ------~---r to me known to be the person described in and whd executed the foregoing in instrument before me and duly acknowledged that haJshe executed the same. person duly swore to such .iosEPFf r. f3{WNON, EsQ. Notary Pudk State of New YorIC Qualified In Erle Cflunry J l t.t fYy Pommissior- Expires April 22, ~,, Signature of Attorney: V Print Name: h ~i . C ~, Flrrn Name: ~q~d" t.9w OFF~aP Tel No.: ~~~ ~~s-6~-7-0 Addf+ess of Attorney: ISa She R (i ay ~.>e I ~~g.~u , N -~'~ • t ~(~ l '6 (Print Name) .ll~Cl~k:~` - Appointing a Legal ttepresentat~'be (5} At s Surrogate's Court, held in and for the County of Erie, State of New York, at the County Ha11,92 Franklin St. in the City of Buffalo on the.ZT day of `Q.pLO..~.~', 2010. HARHARA HOiYE, Surrogate GIVG~ IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF DEC 2 ? 2010 File No. 2010-3113~R- ROGER R. MELIUS, SR. SURROGATE'S OFFICE ERIE COUNTY. N.Y. Deceased. Roger R. Melius, Jr., having heretofore presented a written petition, praying that the instrument bearing date the 18th day of February, 2010, purporting to be the Last Will and Testament of Roger R. Melius, Sr., late of the Town of Springville in the said County of Erie, be admitted to probate as a Will valid to pass real and personal property, and that a citation issue to the persons entitled thereto, citing them to show cause why a decree should not be granted. And a citation having duly issued to all the persons necessary to be cited requiring them to show cause before this Court on the 15th day of September, 2010 why said will should not be admitted to probate, and the service of said citation having been duly made upon each of the persons therein named as appears from the affidavits of service duly filed herein: And the following named persons having duly appeared herein or having duly waived the issuance and service of said citation and having consented to the probate of said Last Will and Testament: /~ler••~- And said petitioner having given satisfactory notice to each of the person herein cited as to the reason for the service of the citation upon himlher and jurisdiction having been obtained of ail necessary parties; And a Guardian Ad Litem having been appointed for: Joseph Melius (Date of Birth: 1/I2/1993} and Stephen Melius (Date of Birth: 7/20/95), minors, by an order made in this proceeding by said Surrogate, and having personally appeared herein and having filed his report and recommendation: And Petitioner having appeared in person and by Joseph T. Gannon, Esq., his attorney. And it appearing that Joseph T. Gannon, Esq. and Suzanne M. Gannon are the subscribing witness to the decedent's Last Will and Testament, And the several witnesses called having been examined (before Eileen M. Gannon, an officer duly authorized to administer oaths), and the proofs taken reduced to writing, and said Surrogate having inquired particularly into all the facts and circumstances, and heard the proofs and allegations of the parties and duly deliberated thezeon, and being satisfied of the genuineness of the instrument propounded for probate as and for the Last Will and Testament of said testator and the validity of its execution, and it appearing that said instrument was duly executed; that the said testator at the time of executing the same was in all respects competent to make a will and not under strain, and the probate thereof not having been contested: It is Ordered and Decreed that the said instrument be and the same is hereby admitted to probate and established as the Last Will and Testament of said Testator, valid to pass real and personal property, and that the same be recorded accordingly. And it is further Ordered and Decreed that Letters Testamentary shall issue to Roger R. Melius, Jr. in said Will named, having appeared and taken the official oath and filed the designation prescribed by law, upon filing proof of services of a written notice to all beneficiaries under said Will that the same has been offered for probate or probated, as the case may be. And it is further Ordered and Decreed that~Frank L. LoTempio, Jr., the Guardian ad Litem herein, is allowed the sum of S Z, 187, .ro as and for his fee for his services rendered through jZ,.~.~,,,,,~, Z/ 2010; And it is further Ordered and Decreed that LoTempio, Jr. shall continue as Guariian ad Litem Joseph Melius and Stephen Melius until further Orde said minor children reach the age of eighteen years, A,,,1 i~- i L -~ ~ ~~~ Gi ~ d x1 a. ~ a-. ~ ~ ~rec- d (t s f->. ,,.., o. ~7 r s S - c, .1 ~ 9 ~ s -f` 5, 2 0! o ~..- ~ w-~-t--~ ~ Granted: ~(2 Ge...~..~in~. Z ~ , ~~~ ~ the aforesaid Frank L. for the minor children r of this Court or until whichever is sooner. ,r -~t.~...~" '~.~ ~C L , r~..~, ~ n rive ~GT~t (c.~o /cad . ~ i Surrogate's Court of the County of Erie On the Date Written Below LETTERS TESTAMENTARY were granted by the Surrogate's Court of Erie County, New York as fallaws: Name of Decedent: Roger R Melius Sr AKA Roger R Melius Erie County File #: 2010-3113iA Date of Death: 07-25-2010 Domicile: Type of Letters Issued: LETTERS TESTAMENTARY Fiduciary Appointed: Limitations: NONE Dated: December 27, 2010 Roger R Melius Jr 11712 Moore Road Springville NY 14141 IN TESTIMONY WHEREOF, the seal of the Erie County Surrogate's Court has been axed. WITNESS, Hon Barbara Howe, Judge of the Erie County Surrogate's Court _ _- M Joseph A. Shifflett, Chief Clerk These Letters are Not Valid Without the Raised Seal of the Erie County Surrogate's Cour! Attorney: Joseph T Gannon Gannon Lauv Office 152 Sterling Avenue Buffalo NY 14216 NOTICE: Attention is called to the pro~tision of Sec.! l-L6 of Estates, Powers and Trusts law and Sx. 719 of the Surrogate's Court Procedure Act, which makes it a misdemeanor and a catue for removal for a fiduciary to deposit ar invest estata funds in his individual account or name. All funds must be deposited in the name of fiduciary and to the credit of the estate. Sec 708 and SeC 711 of the Surrogate's Couri Procedure Act provide that if the address of the fiduciary changes they sha{i promptly notify the court of the new address and that failure to do so within thirty (30) days after such change may resuN in the suspension or revocation of letters.