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Home My WebLink About11-14-13 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfizlly request(s)the grant of Letters in the appropriate form: Decedent's Information Z!- /� /��l Name: Marilvn J.Abel File No: ^, � 7 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: 367-38-9410 Date of Death: Apn15,2013 Age at death: 84 Decedent was domiciled at death in Suffolk County, New York (srare)with his/her last principal residence at 38 Flovd Street East Hampton Suffolk Countv New York Street address,Post Offlce and Zip Code City,Township or Borough County Decedent died at Southampton Hospital 240 Meetine House Lane Southamoton Suffolk Countv New York Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania.. .... ...... ...... ...... .... All personal property $ 0.00 If not domiciled in Pennsylvania. . .... ............ .. .... Personal property in Pennsylvania $ n nn If not domiciled in Pennsy[vania. ..... .......... ....... . Personal property in County $ 0.00 Value of real estate in Pennsylvania........ ..... ...... ...... ......... .......... .... .... ..... $ R�,noo_on TOTAL ESTIMATED VALUE. .. . $ 80,000.00 Real estate in Pennsylvania situated at: 12 16 acres of land on Mountain Road Newville Upper Mifflin Twp.,Cumberland County (Attach addirional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated February 24,2012 and Codicil(s) thereto dated n/a State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution ofthe instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS Q EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente iite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.�a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS �EXCEPTIONS - Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the�lc�ing spous'z'(if an}�n�irs(attach additional sheets, ifnecessary): � r7 %' 'i� U c_, y,� ..� -_i C-s Name Relationshi ddTe . ►--' ;r� �~ c,,� :�,s �:t �: .. .� G �7 r':� C::� �:"1 � .,m;- '"="i ::s c-- C"? ., •-`v �.:� � �°t� i7 �.a �....._ C7 _I�' � Form RW-02 rev.l0/!1/2011 Page 1 of 2 1 - ��. Oath of Personal Representative ot��,$�u$�oniy COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Anne M.Searer 2125 Care Wa Hummelstown PA 17036 The Petitioner"�s)above-�amed swear(s)or affirm(s)the statements in the foregoing Petition are true and coaect to the best of the knowledge and belief of Petitioner(sj at�d that,as Personal Representative(s)of the De nt,the P '' ner(s will well and truly administer the estate according to law. Swor.n to�� rmed and ubscribed before /'/�� Date /�'��— /� me th' � ' ; ,�af` , /� Date By: � Date o t Register � Date � . ,' . � -„�.�a• � t7 �3 ..� C� -... � � BOND Requlred: � YES � NO To the Register of Wllls: �1 � C"a � � Q F E E S:' Please enter m y a p pearance b y m y ai g�a e�flov�r-r' � t'�i . ��G 1� �r�/ +Ct� tters. ... 1.. . .. ... .. . . . . .. . $ ��d`�� Attorney Signature: � ` � E3 �`+ ( 2 )Short Certificate(s)... .. . •oo � � "� � � � c� -,� � � °� ( )Renunciation(s).. . . . .. .. � � �,,.,, ,� ( )coa��i�s�. . . . . . .. . .. . . ° � : �' c� �--' m ( )At�iaavit(s)... . .. .. ... . �,,, � tn c> Bond...... ... .... . .. . ... .. .. Pri ed NAme: Craig A.Hatch,Esq. � � Cominission. . . . .... . .. . .. .. . . Supreme Court Other .. . .. .. ID Number: 76361 � . . .... . Firm Name• Halbruner,Hatch&Guise,LLP .. . ... . "� Address: 2109 Market Street ,� ►� • .. .... . �(�'O0 Ca_mT Hill�PA 17011 j��J' � , . . .. . . . �O�c• . . .. .. . Phone: (717)731-9600 Automation Fee. . ... .. . .. . .. . . •od Fax: (717)731-9627 JCS Fee. . . .. .. .. . ... .. . . ... . ''•l5� EmaiL• C:_Hate}l,(a)HHC'TI.LP_com TUTAL. .. ... . .. .. . .. . . .. .. . $ a9:�6' 29��0 DECREE OF THE REGISTER Estate of Marilvn J.Abel File No: ��" �� a/k/a:n/a AND NOW,_�,0✓�%�i'/�C.�i1Pf'L� � , ��.3 ,in consideration of the fore� ing Petition, tis ctory f having been presented before me,IT IS DECREED that Letters Testamenta Wt r are hereby granted to Anne M.Searer in the above estate and(if applicabie)that the instrument(s)dated February 24,2012 , � described in the Petition be admitted to probate and filed of record as the last Will(and Codicil s))of Decedent. Register of Wills � � Form RW02 rex 1 D/11/2011 ge Z 2 ATE H 7961(10/200� R NE Q�I�£i T I III�I �� i��EALTki - 1 i , i r ' � � k !• I, � Surrogate's Court of the County of Suffolk �n the Date Written Below LETTERS TESTAMENTARY were granted by the Surrogate's Court of Suffoik County, New York as follows: � File#: 2013-233Q Name of Decedent: Marilyn J Abel Date of Deafh: 04-05-2013 AKA Marilyn June Abe{ Domicile: County of Suffolk I � Type of Letters Issued: LETTERS TESTAMENTARY Fiduciary Appointed: Anne Searer Limitations: NONE � THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of ' the estate/trust of the Decedent in accordance w+th the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. ' Dated: Juiy 12,2013 IN TESTIMONY WHEREOF, the seal of the Suffolk County Surrogate's Court has been affixed. I WITNESS, Hon John M Czygier Jr, Judge of the Suffolk County � Surrogate's Court �„' i Michael Cipollino, Chief Clerk I These Letters are Not Valid�fhouf the Rarsed Sea!of the Suffolk County Surrogate's Co�r! �i �� c `"' �rn � I ��€�6i�R� � � � c? � $�UF LK COUNTY rn � � c u'� � SU1. 122413 � � � � � � ;.� U? ;�c C c� MICHAlLCIPOIUN� r� c-� «;� =�' �'' �,', � CH1EF CLERK � ° �"`"� � T��= �; ' Y_._ � � :..� � ° ir, c, ,�.- -.� �, w � _ , , . • , ., � �� ' , � S p�� °��c an -�� , �uN �g �n�3 ,��'"'"'�� robatc Dcpartment P �l�N 'I � ��t� LAST WILL AND TESTAMENT MICMI�.CIPOLUNO GHIE�CLERK OF MARILYN JLJNE ABEL ' I,MARILYN JL7NE ABEL, now residing in the Town of East Hampton,the County of Suffolk and the State of New York,being of sound and disposing mind and memory,do hereby make,publish and declare this instrument as and for my Last Will and Testament,hereby revoking any and all testamentary , dispositions heretofore made by me. FIRST: I direct that all my just debts and funeral expenses be paid,to the extent legally enforceable, as soon as possible after my death. SECOND: I give and bequeath to my sister, ANNE SEARER, if she survives me, all of my personal and household effects of every kind, including furniture, pictures, silverware, china, glass, ' jewelry,wearing apparel,autornobiles and other vehicles,together with any insurance policies thereon. If my sister, ANNE SEARER, fails to survive me, I give and bequeath the property described in this paragraph SECOND to my brother-in-law,THOMAS SEARER, and his issue,ger stirpes. THIRD: A. Subject to Subparagraph B of this Paragraph THIRD, I give, devise and I bequeath to my nephews,GARY R. SEARER(by whatever name he may be Irnown as at the time of my death) and SCOTT A. SEARER, and their issue,per stirpes, as tenants-in-common,my right,title and interest in and to any residence that I may own at my death,whether real property or shares of stock in a , cooperafive corporation and the entire lot or lots on which such real property is erected,together with a11 � � � � � , * . � � i improvements thereon, and any proprietary lease appurtenant to such shares, subject, however, to any ; liens, charges,mortgages or other encumbrances thereon. I B. If the properiy described in this Paragraph THIRD consists of my residence at 38 Floyd 5treet,East Hampton,New York(the"Premises),in which I own an undivided one-half interest,I hereby direct (i) my Executor to cooperate with the Executor of the Estate of my dear friend, WARD M. MOHRFELD,to forthwith sell the Premises,in which case,the bequest set forth in Subpazagraph A of this Paragraph.THIRD shall be rescinded; and(ii) that my share of the proceeds of such sa1e, less any liens,charges,tnortgages or other encumbrances thereon,become part of my Residuary Estate as defined in Paragraph EIGHTH. i FOURTH: I give and bequeath to my godson, FREDERIC FRANCIS BONN, Twenty � Thousand($20,000.00)Dollars,if he shall survive me. If my godson,FEDERIC FRANCIS BONN,fails �I to survive, I direct that the property described in this Paragraph FOURTH be distributed as part of my IResiduary Estate,as defined in paragraph EIGHTH. � FIFTH: I give and bequeath to my goddaughter,KATHLEEN KELLY,Twenty Thousand , ($20,000.00)Dollars,if she shall survive me.If my goddaughter,KATHLEEN KELLY,fails to survive,I ; direct that the property described in this Paragraph FIFTH be distributed as part of my Residuary Estate, li as defined in paragraph EIGHTH. � SIXTH: I give, bequeath and devise all of my interest in the parcel of real property I i consisting of approximately 12.5 acres located in Nevwille,Pennsylvania called"Mountainland"to my 2 �� ' + ` , I � I I�I nephews SCOTT A. SEARER and GARY R. SEARER(by whatever name he may be known as at the time of my death}, and their issue,per stirpes,as tenants-in-common. SEVENTH: I give and bequeath to my sister,ANNE SEARER, Fifty Thousand($50,000.00) Dollars, if she survives me. If my sister.ANNE SEARER, fails to survive me,I give and bequeath the progerty described in this paragraph SEVENTH to my brother-in-law,THOMAS SEARER,and his issue, per stirpes. I II EIGHTH: All the rest,residue and remainder of my estate,real,personal and mixed,wherever li situated(including all lapsed legacies)and over which I may have power of disposition(herein referred to as my "Residuary Estate"), I give, devise and bequeath in five equal shares, subject to reduction on account of the payment of estate, inheritance and other similar taxes as provided in Paragraph I � � TWELFTH) as follows: � A. T give, bequeath and devise one-fifth (1/S) of my Residuary Esta.te to MARYGROVE COLLEGE, located in Detroit Michigan,to be used in an unrestricted manner. , B. I give,bequeath and devise one-fifth(1/5)of my Residuary Estate to Most Holy Trinity � i, Church of East Hampton,New York,to be used in an unrestricted manner. � I�, C. I give, bequeath and devise one-fifth(115)of my Residuary Esta.te to the East Hampton � ' Historical Society of East Hampton,New York,to be used in an unrestricted manner. i I D. I give,bequeath and devise one-fifth(1/5)of my Residuary Estate to my nephew,SCOTT A. SEARER, and his issue,per stirpes. 3 r" s � � � � • � � E. I give,bequeath and devise one-fifth(1/5}of my Residuary Estate to my nephew,GARY � R. Searer(by whatever name he may be known as at the time of my death),and his issue,�,er sti es. , �� NINTH: If,upon the occurrence of any contingency,any share of my estate or of any trust I established under this Will sha11 not be completely disposed of pursuant to the foregoing provisions of . this Will, then upon the occurrence of such contingency, such property shall be paid to the person or • � I persons then living who would be entitled to inherit the same in accordance with the laws of the State of New York then in force, as if I had then died intestate,a resident of the State of New York and owning only said property. TENTH: Except as otherwise provided in this Will,if any Qf the persons who take under t�is Will is under the age of eighteen(18)years at the time title vests in him or her,I authorize my Executor and/or Trustees,in their discretion,to retain his or her share,to manage,invest and reinvest the same and apply the net income tlZerefrom or such portion of the principal as my Executor and/or Trustees may deem necessary foz the proper support,maintenance,education,medical expenses,best interests and welfare of such person until he or she attains the age of eighteen (18) years, at which time I direct my Executor andlor Trustees to pay ouer or distribute to such person the accurnulated income,if any,and the balance of the principal. My Executor and/or Trustees are authorized to retain any part of such income not so used and to reinvest the same. 4 ,, � � � � � � \ ��i... ' • � 1 I In lieu of making agplication of the net income and pri.ncipal,if any,for the benefit of any such person,I authorize my Executor and/or Trustees to make payxnent thereof to a parent of the person,to the guardian of the pezson ar property of such person,to a custodian for such person under the �� applicable Uniform Gifts to Minors Act or Uniform Transfers to Minors Act, or directly to the person, without obligation to see to the proper application thereof by the persan receiving it. With respect to any such share of any person, my Executor and/or Trustees shall have a11 the powers conferred by the provisions of this Will. • ELEVENTH: If any beneficiary under this Will sha11 die simultaneously with me or in such circumstances as to render it difficult or impossible to determine who predeceased the othez,then I direct that I shall be deemed to have survived such beneficiary and that the provisions of this Will sha11 be construed accordingly. �'I TWELFTH: 1 direct that all estate, inheritance and other similar taxes(including any interest and penalties thereon) imposed under the laws of any jurisdiction by reason of my death upon, or in relation to property includible in my estate for the purpose of computing such taxes, whether such property passes under or outside of this Will,including any generation-skipping transfer tax imposed by , Chapter 13 of the Code or otherwise on direct skips as defined in Section 2612(c) of the Code, but �I excluding all other generation-skipping transfer taxes and any taxes imposed as a result of Section 2044 of the Code(including any interest and penalties thereon),be apportioned to,and paid out of the bequests set forth in Subparagraphs A,B and C of Paragraph EIGHTH of my Residuary Estate,as an expense of � administration. � , � . N"" , . • • ` � ' ' THIRTEENTH: I authorize and empower my Executor and Trustees,in their discretion,with li respect to all property,real and personal,at any time forming part of my estate, or of any trusts created hereunder, including property held under a power in trust,without limitation by reason of enumeration and in addition to powers conferred by law: A. to retain, temporarily or permanently,any or all property owned by me at my death in the form in which it then exists; acquire by purchase or otherwise, and retain, temporarily or permanently,all kinds of realty and personalty,including stocks and unsecured obligations,undivided interests,interests in investment trusts,mutual funds,legal and discretionary common trust funds,leases and property which is outside of m�r domicile,all without diversification as to kind or amount�and without , being limited to investments authorized by law for trust funds (including the discretion to retain as an ' investment any obligations owing to me by any corporation in which I have a stock interest at the time of 'i my death); B. to vote, in person or by proxy, or consent for any purpase, in respect of any stocks or other securities constituting assets of my estate; exercise or sell any rights of subscription or other rights in respect thereof; C. to hold two (2) or more trusts or other funds in one(1)or more consolidated funds,in which the separate trusts or funds shall have undivided interests; D. to sell or otherwise dispose of realty and personalty, publicly or privately, wholly or partly on credit; E. to pay generallegacies, establish trusts and divide or distribute principal, in kind or in money, or partly in each, or by way of undivided interests, even if shares be composed differently; F. to accept contributions of additional assets for any trust created hereunder without regard to their source; G. to employ,pay the compensation of such accountants,custodians,experts, counsel,legal or investment,and other agents as they shall deem advisable,to delegate ministerial powers to,and to rely upon the informatian or advice furnished by such accountants,custodians,experts,counsel or other agents; 6 i � , , . . � • ' � I exten com romise release with or without H. to renew, assign, alter, d, p , consideration,or submit to arbitration obligations or claims,including taxes held by or asserted against them, or which affect estate or trust assets; I. to hold property in the name of nominees; J. to borrow money from themselves or others and pledge or mortgage any property for the payment of any taxes, debts, legacies or expenses or any other purpose which in their opinion would facilitate the administration of my estate or any tntst; � K. to retain,improve,alter or lease real property for periods to begin presently or in the future, without regard to statutory restrictions on leasing and even though any such period may . extend beyond the terms of any trust and manage and collect the rents and profits of real property • constituting a.n asset of my estate or of any trust created herein both during the period ofthe trust and after its termination until the making of a final decree judicially settling their accounts; L. to perform any act and exercise any power or discretion even though my Executor or one(1)or more of my Trustees has or may have a personal interest in the transaction; M. to continue my interest in any business(individual praprietorship,partnership, corporation or otherwise)that I may be engaged in at the time of my decease or to wind up and liquidate the affairs of same; N. ta participate in any plan of reorganization,consolidatian or similaz plan;to consent to such plan and any action thereunder or to any contract,lease,mortgage,purchase,sale or other action by a corporation;to deposit any property with any protective reorganization or similaz committee; and to accept and retain securities or other property under any such plan whether or not such securities or other property are legal for the investment of trust funds; O. to pay any and all expenses,costs,fees,taxes,penalties or other charges and to chazge the same against the principal or income or partly against the principal or partly against the income of the whole or any part of my estate or of all or any of the trusts,parts,�unds or shares created by this Will, except as otherwise provided herein with respect to death taxes; provided, however, that no allocation of administration expenses shall be made to income that would require a reciuction in the estate tax marital deduction pursuant to Section 2056(b)(4)of the Internal Revenue Code and the regulations issued thereunder. P. to execute and file a joint income tax return with my spouse for the year in which my death occurs and for any years prior thereto for which I have not filed a return,and to pay the ta�ces thereon;and I exonerate my Executor from any personalliability for any such action taken by her in good faith; 7 �(,�,/l� . , . , • . • ' Q. to elect to claim certain administration and other expenses as deductions either in the income tax retums of my estate or in the estate tax return when penmitted by law,to exercise such right of election in such manner as they may,in their absolute discretion,determine to be advisable I, regardless of the effect of such election upon the interests of any beneficiaries under this Will and I i exonerate my Executor from any personal liability for any such action taken by her in good faith; � R. to exercise all authority,including any discretion,after the termination of � any trust created hereunder and until the same is fully distributed; � I'IS. to do a1I things which are deemed by them necessary to carry out any of the � powers enumerated herein or necessary or appropriate for the proper and advantageous adrrunistration, i investment and distribution of my estate or any trusts created hereunder, including the right of my Trustees to consent unanimously in writing that one of such Trustees may have access to the safe deposit vault of the trusts or may act as signatory with power to sign checks and withdraw funds with regard to � the ban.k accounts of the trusts. All powers granted by this Will shall be exercisable by my Executor and Trustees including any substitute or successor. I FOURTEENTH: I hereby nominate,constitute and appoint my sister,ANNE SEARER,the Executor of this Will. If ANNE SEARER does not survive me,or fails to qualify,or having qualified, ceases to act as Executor for any reason whatsoever,then I nominate,constitute and appoint my brother- . in-law,THOMAS SEARER, in her place and stead. FIFTEENTH: A. I hereby nominate,constitute and appoint my sister,ANNE SEARER,and my brother-in-law,THOMAS SEARER,or the survivor of them,the Trustees under this Will. B. 1. If at any time with respect to any trust created hereunder,tl�ere shall be only one(1)Trustee acting,and there i s no substitute or successor Trustee qualified to serve as Trustee of such ; trust for any reason, then such sole Trustee is empowered to designate any individual, bank or trust I � company as co-Trustee to act with him or her hereunder or as successor Trustee to succeed him or her � i 8 I . • � � i , . � � �I . , � . � � � hereunder, and any Trustee or successor Trustee,while acting as sole Trustee hereunder, shall have the same power to designate a co-Trustee or a successor Trustee. 2. Any designation of a co-Trustee or a successor Trustee,pursuant to the authority granted in Subparagraphs A or B.1. of this Article, shall be by an instrument in writing, signed and acknowledged by the Trustee making such designation and filed in the Court in which this , Will is admitted to probate. Any such designation may be revoked by its maker by an instrument ' similarly signed, acknowledged and filed at any time before the person so designated qualifies. ' SIXTEENTH: A. I direct that no fiduciary acting hereunder shall be required to give any bond �, or security in any jurisdiction for the faithful perfarmance of his or her duties hereunder or in connection ', with any application for payment of commissions on account, nor shall such fiduciary be required to render any annual accouz�ting, any rule or statute of law to the contrary notwithstanding. I B. If,in any judicial proceeding relating to this Will or any trust created 1I!� by this Will, a party thereto who is not under a disability shall have the same interest as any individual Iinterested in such proceeding who is under a disability,then it shall not be necessary to serve process in I I ' such proceeding upon any such individual who is under a disability. SEVENT'EENTH: I authorize my Executor: � A. To allocate any exemption available under Section 2631(a)of the i Code to any property with respect to which I am transferor(within t1�e meaning of Section 2b52(a)of the Code),whether such property passes under this Will or otherwise,and to exclude any such property from �li � i 9 � . � I . i ' I " � . , . , � , r such allocation. Such allocation shall be exercisable by my Executor without court approval and shall be binding and conclusive upon all persons interested in my estate, or any trust. B. To divide any trust established hereunder(hereinafter the"divided trust")into two separate trusts in order that the Federal generation-skipping transfer tax inclusion ratio (the"GST ratio"}for one separate trust shall be zero(the "GST Exclusion Trust")and the GST ratio for the other separate txust shall be one(the "GST Inclusion Trust"). Both of these separate tnasts shall be .deemed to have been established under the Article of this Will that established the divided trust. My • Trustees shall not make any principal distributions from the GST Exclusion Trust,whether as a result of the exercise of discretion by my Trustees or the exercise of a power of invasion by a beneficiary,until such time as my Trustees have distributed the entire principal af the GST Inclusion Trust. EIGHTEENTH: No beneficiary shall,at any time,have the right to pledge or assign any of the payments which may become due to him or her from time to time,whether on account of principal or income,and any attempted pledge or assignment sha11 be ignored by my Executor or Trustees nor sha11 any principal or income be subject to attachment,garnishment or any other legal proceedings while in the hands of my Executor or Trustees. NINETEENT'H: No interest shall be due or payable on any payments of principaI or income made by my Executor or Trustees to any legatee or beneficiary of any of the bequests or trusts hereunder, even though such payments may be beyond the time prescribed by law. TWENTIETH: Notwithstanding any of the other provisions of this W'sll,if any individual who shall be a Trustee of any trust shall be (1) a person to whom or for whose benefit any income or lo N" . , a , . � i � . principal of such trust may be distributed,paid,applied or accumulated in the discretion of my Trustees, or (2) legally liable for the support, maintenance or education of any such person, such Trustee shall , nevertheless be permitted to participate in decisions affecting the termination of the trust or the distribution,payment,application or accumulation of any income or principal with respect to such trust or any allocation to principal and income,or adjustments between principal and income,of any receipts and disbursements of such trtist. TWENTY-FIRST: Wherever the context so requires,the male gender when used herein shall , be deemed to include the female gender,the female gender shali be deemed to include the male gender, II the singular shall be deemed to include the plural and the plural shall be deemed to include the singular. '' IN WITNES S WHEREOF,I have hereunto subscribed my name at the end hereof and sealed these � presents and do publish and declare the foregoing as and for my Last Will and Testament this�day of� v�. _,2012. I . .�.�c�. ��LI�JUNE ABEL SIGNED,PUBLISHED and DECLARED by MARILYN JLTNE ABEL,the Testator,as and for her Last Will and Testament, in the presence of us, and each of us, who, at her request, in her presence,and in the presence of each other,have hereunto subscribed oezr names as witnesses the day and I year last above written;this clause having first been read and we having noted and hereby certify that the matters herein described took place in fact and in the order stated. This Wili consists of�el�+c « pages inc ding this one. residing at o�3 �G'@�-t� �C�1 C Q � ] �5� ��1 ��1m _ residing at � �(�1�� '�� ! 11 �� 2,C� a..S� � 1 � � `�C�y � _ . , . , r . � n ' ' , � � � residing at Y A,I� Y 1�-( ��t.�" I/�f1 V I t.iGCS/�� (!Q�� C:1Documents and SettingSag1920'TDesfctop�Goldstein Documenr�aeg personaF�Mdrew 2004 Will Draft 0816-04.doc �! I i ! 12 , I i , . � , � .. . . . , . , � , `� STATE OF NEW YORK ) )ss.. COUNTY OF SuFi�'-puc ) Each of the undersigned,individually and severally being duly sworn,depses and says: I The within Will was subscribed in our presence and sight at the end thereofby MARILYN JUNE ABEL, the within Testator, on the ,2�/4 day of F�.C�r�T, 2012 at —'Y P.u•T�bo (lu�Jt 6'A.t,-�W,...r.N :�y Said Testator at the time of making such subscription declared the instrument so subscribed to be � ; his Last Will. i Each of the undersigned thereupon signed his or her name as a witness at the end of said Will at the i� 'request of said Testator and in his presence and sight and in the presence and�ht of each other. Said Testator was, at the time of so executing said Wili over the age of 18 years and, in the respective opinions of the undersigned,of sound mind,memoryand understanding and not under any restraint or in any respect incompetent to rrake a WiFI. The Testator,in the respective opinions of the undersigned,could read,write and converse in the English language and was suffering from no defect of sight,hearing or speech,or from any other physical or mental impairment which would affect his capacity to make a valid Will. The Will was executed as a single,original instrument and was not executed in counterparts. Each�f the undersigned was acquainted with said Testator at such time and makes this affidavit at his requast. The within original Will was shown to the undersigned at the time this affidavit was made and was examined by each of them as to the signature of said Testator and of the undersigned. The foregoing instrumentwas executed by the Testatorand witnessed by each ofthe undersigned affiants under the supervision of Andrew�.Goldstein,an attorney-at-law admitted to practice�in the State of New York. , � Severally sworn to before me Thi 2�r" day c(�,Ar ,2012. �s�—=— @ � ' �Notary P,�t� W E.GOLDSTEIN �� C U� ' Notary Public,State of New York No. 02G06022144 �� $ ZQ�3 . Qua{ified in Suffolk Courtty - . Commission Expires March 29�20� MICHl�CIPOLlINO �HIEF C�ERK N""" . . . , . , � ��`� New York State Surrogate's Court Form P-6 NYSBA New York State Bar Association Official OCA Forms Notice of Probate SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK PROBATE PROCEEDING, WILL OF , MARILYN J.ABEL ��j�j��{� � �� a/k/a NOTICE OF PROBATE MARILYN JUNE ABEL �j(J�, '� 1 2Q� (SCPA 1409) � MICFi/l�tt CIPOL O � CHIEF CLER � Deceased. File No. �0/3-�3� � N�TICE IS HEREBY GIVEN THAT: � 1. The Will dated February 24, 2012 and Codicil(s), if any, dated , of the above named decedent, domiciled at 38 Floyd Street, East Hampton, New York 11937 County of Suffolk , New York, has been/will be offered for probate in the Surrogate's Court for the County of Suffolk 2. The name(s) and address(es) of the proponent(s) of said will is/are: Proponent Information Name Anne Searer Domicile Address:Street and Number 2125 Carey Way City, �Ilage orTown State ZIPCode Country Hummelstown Pennsylvania 17036 United States Name Domicile Address:Street and Number City, Village or Town State ZIP Code Country Name DomicileAddress:Street and Number City, Village or Town State ZIPCode Country Name DomicileAddress:Street and Number City,Village or Town State ZIP Code Country Name Domicile Address:Street and Number , City, Village or Town State ZIP Code Country � I i NYS�A's Surr�gate's C�urt Form P-G(7I07) -1- �2013 Matthew Bender 8 Co.,a member of the LexisNexis Group. . , � . � , 3. The name and post office address of each person named or referred to in the petition who has not been served or has not appeared, or waived service of process, with a statement whether such person is named or referred to in the will as legatee, devisee, trustee, guardian or substitute or successor executor, trustee or guardian, and as to any such person who is an infant or an incompetent, the name and post office address of a person upon whom service of process may be made on behalf of such infant or incompetent, is as foilows: i ; SubstitutelSuccessor Executors and 7rustees/Guardians/Legatees/DeviseeslOther Beneficiaries � Name , Gwen Searer(known under the Will as Gary Searer and dauqhter of Anne Searer) Mailing Address:Street and Number � 3701 Hi hland Road City, Village or Town State 21P Code Country Lafa ette California 94549 I United States Legacy, Devise or Other Interesl Fiduciary 5tatus See Attachment 7 None Name Scott A. Searer(son of Anne SeareJ Mailing Address:Street and Number 1331 Bradle Avenue City, Village or Town State ZIP Code Country Hummelstown Penns Ivania 17036 United States Legacy, Devise or Other Interest Fiduciary Status See Attachment 2 None Name Frederic Francis Bonn � Mailing Address:Street and Number 35 Washin ton Street City, VillageorTown State ZIPCode Country i Trumansbur New York 14886 United States Legacy, Devise or Other Interest Fiduciary Status ! Cash be uest of$20 d00 None � Name IKathleen Kelly I Mailing Address:Street and Number 16500 North Park Drive#808 City, Village or Town State ZIP Code Country ; Southfield Mlchi an 48075 United States Legacy, Devise or Other Interest Fiduciary Sfatus Cash be uest of 20 000 None Name j Maryqrove Colleqe Mailing Address:Street and Number 8425 W. McNichofs City,Viliage orTown State 21PCode Country Detroit Michi an 48221 United States Legacy, Devise or Other Interest Fiduciary Status Beneficia of 1/5 of the Residua Estate None Name Most Holy Trinity Church of East Hampton, NY Mailing Address:Street and Number 79 Buell Lane City,Village or Town State Z1P Code Country East Ham ton New York 11937 United States Legacy, Devise or Other Interest Fiduciary Status Beneficia of 1/5 of the Residua Estate None Continued on next page. I NYSBA's Surrogate's Court Form P-6(7I07) -2- �2013 Matthew Bender&Co.,a member of the LexisNexis Group. I . , • , � . SubstitutelSuccessor Executors and TrusteeslGuardians/LegateeslDevisees/Other Bene�ciaries(continued) Name East Hampton Hlstorical Society Mailing Address:5treet and Number 101 Main Street City, Village or Town State ZIPCode Country East Ham ton New York 11937 United States Legacy, Dsvise or Other Interest Fiduciary Status i Beneficia of 1J5 of the Residua Estate None Name ; Thomas Searer Mailing Address:Street and Number 2125 Care Wa City,Village or Town State +ZIP Code Country Hummelstown Penns Ivania 117036 United States Legacy, Devise or Other Interest j Fiduciary Status None �See Attachment 3 Name New York Attorney General Mailing Address:Street and Number 120 Broadwa City,Village or Town State ZIP Code Country New York New York 10271-0332 United States Legacy, Devise or Other Interest Fiduciary Status Statuto None i �� Mailing Address:Street and Number City,Village or Town State Z!P Code Country legacy, Devise or Other Interest Fiduciary Status I�ame Mailing Address:Street and Number City, Village or Town State ZIP Code i Country Legacy, Devise or Other Interest Fiduciary Status Mame Mailing Address:Street and Number City,Village or Town State ZIP Code Country Legacy, Devise or Other Interest Fiduciary Status Name Mailing Address:Street and Number City, Village or Town State ZIPCode Country Legacy, Devise or Other interest Fiduciary Status NYSBA's Surrogate's Court Form P-6(7l07) -3- �2013 Matthew Bender 8 Co.,a member of the LexisNexis Group. Legatees/DeviseeslOther Beneficiarles under Disability ame Date o +rth Age Ashlynn Mckayla Searer March 14 2000 13 Mailing Address:Street and Number 1331 Bradle A�enue City,Village orTown State ZIP Code Country Hummelstown Penns Ivania 17036 United States Status None (lflnfantorincompetent)Name of Person For Service Scott Searer Mailing Address:5treet and Number 1331 Bradley Avenue City,Village orTown State ZIP Code Country Hummelstown Penns lvania '17036 United States Name Date o irt Age Arden Olivia Searer June 2, 2004 9 Mailing Address.Street and Number 3701 Highland Road City,Village orTown State 21P Code Country Lafayette Callfornia 94549 United States Status None (lflnfant orincompetent)Name of Person for Service Gwen Searer Mailing Address:5treet and Number 3T01 Hi hland Road City,Village orTown State ZIP Code Country Lafa ette California 94549 United States Name Date o Bi�th Age lona Fletcher Searer Janua 5 2009 4 Mailing Address:Street and Number 3701 Hi hland Road City,Village orTown State ZIP Code Country Lafayette California 94549 United States Status None (!flnfant orincompetent}Name of Person for Service Gwen Searer Mailing Address:Street and Number 3701 Hi hland Road Ciry,Village or Town State ZIP Code Country Lafayette California 94549 United States Dated: �1��'l� �31 a�13 [NOTE: Complete Affidavit af Mailing. If serving infant 14 years of age or older, list mail to infant as well as parent or guardian.j Richard Duffy Print Name ofAttorney Phillips Nizer LLP (212}977-9700 Firtn Felephone 666 Fiith Avenue, 28th Floor New York, New York 10103 Address ofAttorney NYSBA's Surrogate's Court Form P-6(7/07) -4- O 2013 Matthew Bender&Co.,a member of the LexisNexls Group. � . • . . . A#tachment Attachment 1 ' Legacy, Devise or Other Interest Bene�ciary of any residence (either real property or shares in a cooperative apartment), ' not including property located at 38 Floyd Street, East Hampton,New York, as ' tenants-in-common; beneficiary of real property located in Newville, PA called i "Mountainland",as tenants-in-common; beneficiary of 115 share of the residuary estate. I Attachment 2 Legacy, Devise or Other Interest Beneficiary of any residence(either real property or shares in a cooperative apartment), not incfuding property located at 36 Floyd Street, East Hampton, New York, as tenants�in-common; beneficiary of real property iocated in Newville, PA called "Mountainland", as tenants-in-cammon; beneficiary of 1/5 share of the residuary estate. Attachment 3 Fiduciary Status Trustee of any Trust created under the Will, if any, Successor Executor � , . � , � AFFIDAVIT OF MAILtNG NOTIC� O� PROBATE � STA7E OF NEW YORK COUNTY OF NEW YORK ss.: I ElizaBeth P. Hoyt , residing at 311 Cobbler Lane, Southbury, Connecticut 06488 , being duly sworn, says that he/she is over the age of 18 years, that on the ��Q(.-� t� �iliZP� �?013 ,�a/she deposited in the post office or in a post office box regula— rl a nta eni d by the government of the United States in the City of New York , State of New York , a copy of the foregoing Natice of Probate contained in a securely ciosed postpaid wrapper directed to each of the persons named in said notice , at the places set opposite their respective names. ��'� ��'/�'�`7T' Signature ElizaBeth P. Hoyt Print Name Sworn to before me this ' 1 �+"` da of 20 l3 i , Notar c Cammiss Expires: (Affix Not ry Stamp or Seal) SUAPi�$��:�� ,wr��a� SUFFOU( � .w.�Mww.o�caown► "'�°'"�°�.�� JUL � i 2013 ' MICH�C1PpLUNO CHIEF C«� ' Richard Duffy Print Name ofAttomey Phillips Nizer LLP (212)977-97Q0 F;� Telephone 666 Fifth Avenue, 28th Floor, New York, New York 10103 Address NYSBA`s Surrogale's Court Form P-6(7l07) -5- C9 2013 Matthew Bender 8 Co.,a member of the LexisNexis Group. : : � . . . At a Surrogafe's Court of the State of New York held in and for the County of Suffolk at Riverhead, New York. PRESENT: Hon. John M Czygier Jr, Surrogate DECREE GRANTING PROBATE Probate Proceeding,Will of Marilyn J Abel File No.2013-2330 aka Marilyn June Abel Deceased. A verified petition having been filed b�Anne Searer praying for a decree admitting to probate a written instrument dated February 24, 2012 propounded as the Last Will and Testament of the above named decedent; and It satisfactorily appearing that all the persons required by law ta be cited or who are interested in this proceeding have either failed to appear in response t� a duly served citation or by their waiver and consent in writing duly executed and filed, waived the issuance and service upon them of a citation in this proceeding or have appeared and consented to the probate of the propounded instrumen#; and that notice of probate has been gi�en to al! persons entitled to such natice; and The probate not having been contested; and proofs having been duly �led on behalf of the attesting witnesses ta the foregoing testamentary instrument; and it appearing by such proofs that the same were duly executed and are genuine and valid and that the decedent at the time of executing same was in all respects competent to make a will and not unde� restraint and upon Decision dated Juiy 12, 2013 ; itis ORDERED AND DECREED, that the instrument offered for probate herein be, and the same hereby is admitted to probate as the Last Will and Testament of the above-named decedent, valid to pass real and personal property, that the Will and this Decree be recorded and that Letters Testamentary issue to Anne Searer�Gpon properly qualifying for such affice; and that if Preliminary Letters Testamentary were issued, the same are hereby revoked. DATED: ( L 13 John M gier Jr Surrogate aur��e��ssu� suFF LK u►+rrY JUI. 12 2013 MICH/l!�C�p0�UN0 CH(E�CLERK � 1 r I ` • I i I ' , SUR�OGATE S COU�T . SUFFOLK COUNTY . � ---------------------------------------- Probate Proceeding, Will of ) ��f11�E�� DECISION . TB i ) By: HON. JOHN M. CZYGIER, JR. , Jlll. 122013 . . . . . . . . . . . . . . . . . . . . . . . . . . > MARILYN J. ABEL, a/k/aM�CHAdC1P0 UN4 Surrogate CHIEF CLEI�K MARILYN JUNE ABEL, ) ) Dated: 7 �v 2013 � . . . . . . . . . . . . . . . . . . . , i ? File #: 2013-2330 i � . . . . . . . . . . . Deceased. ) • � -------------------- ------------------- - � � In this probate proceeding an instrument dated February 24, 2fl12, has been offered for probate as the last will and testament of the above named decedent by the executrix nominated therein. Petitioner, as decedent` s sister and sole distributee, is the only person listed in the petition as a necessary party. The court notes that she is adversely affected by the propounded instrument. I Upon review of the propounded instrument and the evidence submitted, the court finds that the instrument propounded herein as � the last will and testament of the above named decedent was duly executed and, at �he time of such execution, the decedent was in all respects competent to make a will and not under restraint. The genuineness of the will and the validity of its execution having been shown to the satisfaction of the court, probate is granted (EPTL 3-2 . 1; SCPA 1408) . Letters testamentary sha11 issue to the petitioner upon qualification and without the posting of any bond, according to law. An Application for Preliminary Letters Testamentary was filed during the pendency of this proceeding; in light of the admission of decedent' s will to probate and the issuance of letters testamentary to petitioner, that proceeding, bearing file number , 2013-2330/A, is dismissed. i i ,I . . . � � . Decision page 2 � Estate of Marilyn J. Abel, a/k/a ' Marilyn June Abel, Deceased. � Decree signed. JO M C�YGIER, JR. , Surrogate Phillips Nizer LLP - . Attorneys for Petitioner 666 Fifth Avenue New York, New York 10103-0084 I , , , . , . i �. `i��( New York 5tate Surrogate's Court Form P-1 NYSBA New York State Bar Association Official OCA Forms Petition for Probate Filing Fee Paid $ 1,254.00 SURROGA7E'S COURT OF THE STATE OF NEW YORK Testamentary Certificates Paid $ 60.00 ' Trustee Certs.Paid $ , COUNTY OF SUFFOLK Prelim.Certs.Paid $ II PROBATE PROCEEDING, WILL OF $ Bond, Fee:$ Receipt No.: No.: a/k/aILYIV J.ABEL / �u��UNTY�� PETITION FOR PROBATE AND: . � MARlLYN JUNE ABEL � Letters Testamentary �✓ ;� JkiN 1 � Z�13 ❑ ��tters of Trusteeship I MICHAd CIPOE.UNO CH1EF CLERK � �etters of Administration c.t.a Deceased. File No. o2d/3- '��3� TO THE SURROGATE'S COURT, COUNTY OF SUF�OLK � It is respectfully alleged: 1. (a)The name, citizenship, domicile (or, in the case of a bank or trust company, its principal office) and interest in this proceeding of the petitioner are as follows: Petitioner Information: Name Citizenship Anne Searer United States DomicileAddress:Street and Number � 2125 Carey Way City,Village orTown Slate ZIP Code Country Hummelstown Pennsylvania 17036 United States Mailing Address:Street and Number(!fdlfferent from domicrle) City,Village orTown State Z1P Code Country I Interest:(Check One) � Executor named in decedent's Will ❑ Other: 1. (b)The proposed Executor ❑is �x is not an attorney. [NOTE:A sole Executor-Attorney must comply with 22 NYCRR 207.16(e}� 1. (c)The proposed Executor ❑is �is not the attorney-draftsperson, a then-affiliated attorney or employee thereof. jNOTE:An attorney-draftspersan, a then-affiliated attorney or employee thereof, must comply with SCPA 2307-a] Name Citizenship DomicileAddress:Street and Number City,Village or 7own State ZIP Code Country Mailing Address:Street and Number(lfdifferant from domicile) � City,ViL`age orTown State ZIP Code Country h�terest:(Ci�eck Ona) ❑Executor named in decedent's Will ❑ Other: ', 1. (b)ThQ proposeci Executor ❑is ❑is not an attorney. � [NOTE:A snle Executor-Attorney must comply with 22 NYCRR 207.16(e)J I i. (c)The proposed Executor ❑is �is not the attorney-draftsperson, a then-affiliated attorney or employee thereof. [NOTE:An attorney-draftsperson, a then-affiliated attomey or employee thereof, must comply with SCPA 2307-a] NYSBA's Surrogate's Court Form P-1 (8/08) - - �2013 Mafthew Bender&Co.,a member of the LexisNexis Group. i . •, , , , . 2. The name, domicile, date and place of death, and natianal citizenship of the above-named decedent are as follows: Decedent Information: �e Citizenship Marilyn J.Abelr a/k/a Marilyn June Abel United States Domicile Address:Street and Number 38 Flo d Street � City,Village or Tow� State ZIP Code Country East Ham ton New York 11937 United States County Date of Death Place of Death Suffolk A ril 5, 2013 � Southham ton Hos ital 3. The Last Will, herewith presented, relates to both real and personal property and consists of an instrument or instruments dated as shown below and signed at the end thereof by the decedent and the following attesting witnesses: � February 24, 2012 i Matthew Pace,�Carol L.Sjoholm ant! Karen Schmidt � /��,(�� Date of Will Name ofAll Witnesses to Will " i � ; ; Date of Codicil Name ofA�l Witnesses to Codicil I Date of Codicil Name ofAll Witnesses to Codicil � Date of Codicil Name of All Witnesses to Codicil I Date of Cotlicil Name ofAll Witnesses to Codial 4. No other will or codicil of the decedent is on file in this Surrogate's Court, and upon informa#ion 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 follows: 0 None 5. The decedent was survived by distributees classified as follows: a. NO Spouse(husbandlwife). b. 'NO Child or children and/or issue of predeceased child or children. (Must include marifal, nonmarifal, adopted, or adopted-ouf child under DRL Secfion ?17J c. NO Mother/Father. d. �1 Sisters and/or brothers, either of the whole or half blood, and issue of predeceased sisters and/ar brothers (nieces/nephews, etc,). e. � Grandparents. jlnclude matemal and paternalJ f. 0 Aunts and/or uncles, and children of predeceased aunts andlor uncles (first cousins). jlnclude matarnal and paternalJ g. o First cousins once removed (children of predeceased first cousins). (Include matemal and paternal] NYSBA's Surrogate's Court Form P-t (8/08) -2- 8 2013 Matthew Bender&Co.,a member of the LexisfJexis Group. •� . � , f . 6. The names, relationships, domicile and addresses of all distributees (under EPTL 4-1.1 and 4-1,2) of each person designated in the Will herewith presented as primary executor, of all persons adversely affected by the purported exercise by such Wifl of any power of appointment, of all persons adversely affected by any codicil and of all persons having an interest under any other will of the decedent on file in the Surrogate's Court, are hereinafter set forth in subdivisions (a) and (b). [lf 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. Submit trust agreement.] 6. (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 Anne Searer� Domicile Address:Street and Number ' 2125 Care Wa City, Village or Town State ZIP Code Country , Hummeistowrr Penns Ivania 17036 United States Mailing Address:Street and Number(Ifdrfferent from domicile} � . City,Village or Town State ZIP Code Country Relationship - Sister Description of Legacy,Devise or Other Interest Petitioner; Distributee; Beneficfary of tangible personal property; legatee of a cash bequest of$50,000 I Nature of Fiduciary Status (if applicable) Executor;Trustee of anv Trust created under the Will. Name � Domicile Address:Street and Number � City,Village or Town State ZIPCode Couniry Ma�ling Address: Street and Number(If drfferent from domrcile) City,Village or Town State ZIP Code Country � I Relationship — I I Description of Legacy, Devise or Other Interest I Nature of Fiduciary Status (if applicable} Name j Domicile Address:Street and Number City,Village or Town State ZIP Code Country IMailing Address Street and Number(!f diKerent from domicile} � City, Viliage or Town State ZIP Code Country Relationship � , Description of Legacy, Devise or Other Interest i Nature of Fiduciary Status (if applicable) NYSBA's Surrogate's Court Form P-1 (8/08) -3- m 2013 Matthew Bender&Co.,a member of the LexisNexis Group. ii � . � w . 6. (b)All persons so interested who are persons under disability, are as follows: Name � NONE IDomicileAddress:5treet and Number City,Village or Town State ZIP Code Country � ResidenceAddress:Street and Number � City,Village or Town State ZIP Code Country � Relationship �� I Description of Legacy,Devise or Other Interest Nature of Fiduciary Status(ifapplicable) Birthdate Person with Whom Resides Father Living� Mother Living? ❑Yes�No ❑YesONo Court-AppointedGuardian? DescribeAppointment � ❑ Yes Guardian Name � ❑ No Ifyes,Guardianof: GuardianAddress ❑ Person ; ❑ Property Facts Regarding Disability �v Name « � � ❑ Committee Address R a g ❑ COC1SefVatOf Name c Y � ❑ Guardian add�ess E ��Committed to Institution? Institution Name c ❑ Yes Institution Address ❑ No Name of Relative/Friend with Interest in Welfare Address Place of Incarceration Person with Interest in Welfare I � Description(in same language as will be used in the process) � 0 � c � i NYSBA's Surrogate's Court Form P-1 (81�8} -4- �2013 Matthew Bender&Co.,a member of the lexisNexis Group. 7. (a) The names and domiciliary addresses of all substitute or successor executors and of all trustees, guardians, legatees, devisees, and other beneficiaries named in the Will and/or trustees and beneficiaries of any inter vivos trust designated in the propounded Will other than those named in Paragraph 6 herewith are as follows Name Gwen Searer(known under the Will as Gary Searer and daughter of Anne Searer) �, Domicile Address:Street and Number 3701 Hi hland Road City,Village orTown State ZIPCode Country � lafa ette California 94549 United States ,1 Mailing Address: Street and Number (If diffarent from domicile) �V City, Village or Town State ZIPCode Country Description of Legacy, Devise or Other fnterest See Attachment 1 Nature of Fiduciary Status (if applicable) None Name Scott A. Searer{son of Anne Searer) Domicile Address:Sireet and Number 1331 Bradle Avenue City, Village orTown State ZfPCode Country �� Hummelstown Pennsylvania 17036 United States Mailing Address: Street and Number(!f different from domicile) ti� City,Village or Town State ZfPCode Country Description of Legacy, Devise or Other Interest See Attachment 2 � Nature of Fiduciary Status (if applicabfe) None Name Frederic Francis Bonn - Domicile Address:Street and Number 35 Washin ton Street �� City, Village or Town State ZEP Code Country � Trumansburg New York 14886 United States IMailing Address: SUeet and Number (1{different from domicile} City, Village or Town State ZIPCode Country Description of Legacy, Devise or Other Interest Cash beguest of$20,000 Nature of Fiduciary Status (if app(icable} None Name Kathleen Keily i Oomicile Address:Street and Number 16500 North Park Drive#808 City,Viilage or Town State ZIP Code Country Southfield Michi an 48075 United States � Mailing Address: Street and Number{If different from domicileJ � City,Village or Town State ZIPCode Country I Description of Legacy,Devise or Other Interest Cash bequest of$20,000 Nature of Fiduciary Status (if applicable) None j Continued on next page. NYSBA's Surrogate's Court Form P-1 (8108) -5- OO 2013 Matthew Bender 8 Co.,a mem6er of the LexisNexis Group. 7.(a)Substitute/Successor Executors and TrusteeslGuardianslLegateesJDeviseeslOther Beneficiaries(continued) � .. - ' Name Marygrove College� Domicile Address:Street and Number I 8425 W.McNichots , � City, Village or Town 5tate ZIP Code Country '' � Detroit Michigan 48221 United States Mailing Address: Street and Number (If diBerent from domicile) City, Viliage or Town 5tate ZIPCode Country Description of Legacy, Devise or Other Interest � Beneficiary of 1/5 of the Residuary Estate , Nature of Fiduciary Status (i(applicable) � None Name Mosi Holy 7rinity Church of East Hampton, NY � Domicile Address:Slreet and Number 79 Buell Lane „ City,Village or Town State ZIP Code Country }�' East Hampton New Yark 11937 United States �:t Mailing Address: Street and Number (!f drfferent from domicile) City,Village orTown State ZIPCode Country Description of Legacy, Devise or Other Interest Beneficiary of 1f5 of the Residuary Estate Nature of Fiduciary Status (if applicab/e) � � None Name East Hampton Historical Society � Domicile Address:Street and Number � 101 Main Street City, Village or Town State ZIP Code Country �� East Hampton New York 11937 United States (� Mailing Address: Street and Number (If different from domicile) �' City, Village orTown State ZIPCode Country Description of Legacy, Devise or Other Interest Beneficiary of 115 of the Residuary Estate � Nature of Fiduciary Status {if applicable) ; None Name � Thomas Searer Domicile Address:Street and Number 2125 Care Wa City, VllageorTown State ZIPCode Country � Hummelstown Penns Ivania 17036 United States j ` Mailing Address: Street and Number(!f different 1rom domicile) r� City,Village or Town State ZIPCode Country Description of Legacy, Devise or Other Interest None Nature of Fiduciary Status (if applicable) � Trustee of any Trust created under the Will, Successor Executor� Continued on next page. � NYSBA's 5urrogate's Court Form P-1 (8J08) -52- �2013 Matthew 8ender 8 Co.,a member of the LexisNexis Group. . . . . 7.(a)Substitute/Successor Executors and Trustees/GuardianslLegatees/Devisees/Other Beneficiaries(continued) Name New York Attorney General Domicile Address:Street and Number �� '- 120 Broadwa City, Village or Town State ZIPCode Country �� New York New York 1U271-0332 United States Maiiing Address: Street and Number(If different irom domicile) City,Village or Town Stale ZIPCode Country Description of Legacy, Devise or Other I�terest � '-"� Statutory Nature of Fiduciary Status (if applicable} -'" None Name Domicile Address:Streel and Number City, Villaga or Town State ZIP Code Country Mailing Address: Street and Number (ff differen[from domrcile) � City,Village or Town State ZIPCode Cauntry Oescription of Legacy, Devise or Other Interest - Nature of Fiduciary Status (if applicable) Name Domicile Address:Street and Number City, Village or Town Slate ZIP Code jCountry � Mailing Address: Street and Number(!f differenf from domicile} ��'- City,Village or Town State ZIP Code Country Description of Le9acy, Devise or Other Interest � Nature of Fiduciary Status (if applicable) Name Domicile Address:Slreet and Number City, Village or Town State ZIPCode Country ', MaOing Address: Street and Number(lf driferent f�om dom�c�le) ' � � City, Village or Town State ZIP Code Country i Description of Legacy, Devise or Other Interest � —� Nature of Fiduciary Status (rf applrcable) NYSBA's Surrogate's Court Form P-4 (8f08) -5b- p 2013 Matthew Bender&Co.,a member of the LexisNexis Group. 7. (b}All such legatees, devisees and other beneficiaries who are persons under disability are as follows: ame Ashl�rnn Mckayla Searer DomicileAddress:Streetand Number 1331 Bradle Avenue City,Village or Town State ZIP Code Country Hummelstown Penns Ivania 17036 United States Residence Address:Street and Number � City,Village or Town State ZIP Code Country Description of Legacy,Devise or Other Interest See Attachment 3 Nature of Fiduciary Status{ifapplicabla) None Birthdate Person with Whom Resides FatherLivin � Mother Livi� ? 03/14/00 Scott Searer, arent 0 Yes�No 0 Yes�No Court-AppointedGuardian7 DescribeAppointrnent � ❑ Yes Guardian Name C 0 No r If yes,Guardian of: Guardian Address C Person ❑ Property Facts Regarding Disa6ility i m � Name .+ � � ❑ Committee Address a � " ❑ Conservator Name � a c � ❑ Guardian Address m a o Committed to Institution? Institution Name c+ ` ❑ Yes Institution Address ❑ No Name of RelativelFriend with Interest in Welfare iAddress � � Place of Incarceration Person with Interest in Welfare d ' c 0 N .` a Description(in same language as will be used in the process) I t 3 0 L Y I C � Continued on next page. NYSBA's Surrogate's Court Form P-1 (8I08) -6- O 2013 Matthew Bender 8 Co.,a member of the LexisNexis Group. I ' . � 7. (b)LegateeslDevisees/Other Beneficiaries under Disability(continued} Name Arden Olivia Searer iDomicile Address:Street and Number 3701 Hi hland Road City, Village or Town State ZIP Code Country Lafayette California 94549 United States ' ResidenCe Address:Street and Number � City, Village or Town State ZIPCode Country Descnption of Legacy,Devise or Other Interest See Attachment 4 Nature of Fiduciary Status (rf applicable) ' None Birthdate Person with Whom Resides Father Livin ? Mother Livin ? 06102104 Gwen Searer, arent X❑Yes�NO X❑Yes�IVo I Caurt-Appointed Guardian? Descnbe Appointment � ❑ Yes Guardian Name = � No , � If yes, Guardian of: Guardian Address ❑ Person ❑ Property � Facts Regarding Disability '� Name m � � � ❑ Committee Address � a w � ❑ Conservator Name � � � � ❑ Guardian Address d a o�Committed to Institution? Institution Name u i ` D Yes I ❑ NO Institution Address Name of RefativelFriend with lnterest in Welfare Address ,. Place of lncarceration Person with lnterest in Welfare m a 0 N 'C a Description (in same language as will be used in the process) � � 3 I ° � I Y C � Continued on next page. I NYSBA's Surrogate's Court Form P-1 (SI46} $a- �2013 Matthew Bender&Co.,a member of the LexisNexis Group. . • . , . , . 7.(b)LegateeslDeviseeslOther Beneficiaries under Disability(continued) Name lona Fletcher Searer Domicile Address:Street and Number 3701 Highland Road City,Village or Town State ZIP Code Country Lafayette California 94549 United States Residence Address: Street and Number �� I City,Village or Town State ZIP Code Country Description of Legacy, Devise or Other Interest � , See Attachment 5 Nature of Fiduciary Status (if applicable} None Birthdate Person with Whom Resides Father Livin ? Mother Living? 01105/09 Gwen Searer, arent �Yes�No �Yes❑No Court-Appointed Guardian? Describe Appointment L ❑ Yes Guardian Name � � No _ �,If yes. Guardian of: Guardian Address ❑ Person ❑ Property Facts Regarding Disability '� Name m i � � ❑ Committee Address � a m ° ❑ Conservator Name � � � � ❑ Guardian Address d a o Committed!o Institution? Institution Name � ` ❑ Yes fnstitution Address ❑ No Name of RelativelFriend with Interest in Welfare I 'Address � Place of Incarceration Person with interest in Welfare w c 0 N .` � a Description (in same language as wi11 be used in the process) c 3 0 c Y C � .� NYSBA's Surrogate's Court Form P-1 (8/08) -6b- 0 209 3 Malthew Bender&Co.,a member of the LexisNexis Group. � . . . � . � ' � Attachment ; Attachment 1 Description of Legacy, Devise or Other Interest Beneficiary of any residence(either real property or shares in a cooperative apartment), not including property located at 38 Ftoyd Street, East Hampton, New York,as tenants-in-common; bene�ciary of real property located in Newville, PA called "Mountainland", as tenants-in-common; beneficiary of 115 share of the residuary estate. Attachment 2 Descript+on of Legacy, Devise or Other Interest Beneficiary of any residence(either real property or shares in a cooperative apartment), j not including property located at 38 Floyd Street, East Hampton, New York,as ' tenants-in-common; beneficiary of real property located in Newville, PA called "Mountafntand", as tenants-in-common; beneficiary of 115 share of the residuary estate. Attachment 3 Description of Legacy, Devise or Other lnterest No interest because her parent, Scott A. Searer, survived the decedent. Included in this paragraph 7(b)for notice purposes because of language used in Article EIGHTH of the propounded instrument. Attachment 4 ; Description of Legacy, Devise or Other Interest No interest because her parent, Gwen R.Searer{also known under the Will as Gary R. Searer),survived{he decedent. Included in this paragraph 7{b)for notice purposes because of language used in Article EIGHTH of the propounded Instrument. Attachment 5 Description of Legacy, Devise or Other Interest No interest because her parent, Gwen R. Searer(also known under the Will as Gary R. Searer),survived the decedent. Included in this parag�aph 7(b}for notice purposes because of language used in Article EIGH7H of the propounded instrument. I I � • . . 8. (a) No beneficiary under the propounded wi{{, listed in Paragraph F or 7 above, had a confidential relationship to the decedent, such as attorney, accountant, doctor, or clergyperson, except: C None � (b) No persons, corporations or associations are interested in this proceeding other than those � mentioned above. 9. (a) To the best of the knowledge of the undersigned, the approximate total value of all property constituting khe decedenYs gross testamentary estate is: Greater than � 500,0o0.oU But less than $ 1,Q11,980.00 Personal Pro ert $ 461,978.00 iIm roved Real Pro ert in NewYork State $ 600,000.00 Unim roved Real Pro ert in New York State $ 0.00 � Estimated Gross Rents fior a Period of 18 Months $ 0.00 (bj No other testamentary assets exist in New York State, nor does any cause of action exist on behalf ! of the estate, except as follows: �X None � 10. Upon information and belief, no other petition for the prvbate of any will of the decedent or for letters of administration of the decedent's estate has heretofore been filed in any court. I NYSBA's Su«ogate's Court Form P-1 (8/08} -7- m 2013 Matthew Bender&Co.,a member oi the LexisNexis Group. • I • � ` f WHEREFOFtE your petitioner(s) pray(s) (a}that process be issued to all necessary parties to show ' cause why the Will and the Codicil(s) set forth in Paragraph 3 and presented herewith should not be admitted to ' probate; {b)that an order be granted directing the service of process, pursuant to the provisions of Articie 3 of � the SCPA, upon the persons named in Paragraph(6)hereof whose names or whereabouts are unknown and cannot be ascertained, or who may be persons fln whom service by personal delsvery cannot be made, and (c) ' that such Will and Codicil(s)be admitted to probate as a Will of real and personal property and that letters issue thereon as follows: � Letters Testamentary to: Anne Searer I � Letters of Trusteeship to: I fJb/o f/blo flb/o f/b!o ❑ Letters of Administration c.t.a.to: and that petitioner(s)have such other relief as may be proper. ❑ Further relief sought(if any): Dated: _�� 3<< a-�13 Signature of Pelii!oner Signalure of Pelilioner Anne Searer PnntName Print Name , Name of Corporate Petitioner Signature of Petilioner �y Sign ature Pnnt Name Pnnt Name � TitIC NYSBA's Surrogale's Court Form P-1(glOg) -S- �2013 Matthew Bender&Co.,a member of the LexisMexrs Group. • ' s . . � I COMBINED VERIFICATION, OATH AfVA DESIGNATION ' For use when petrtioner is an individua! STATE OF /� ss.� coun►n o , t�— � 3�/ - .� �-�'� `�� f �17AU H The undersigned, the petitioner named in the foregoing petition, being duly sworn, says: I 1. VERIFICATION: I have read the foregoing petition subscribed by me and know the contents thereof, and the same is true of my own knowfedge, except as io the matters therein stated to be alleged upon information and �elief, and as to khose matters I believe it to be true. 2. OATH OF []X EXECUTOR ❑ ADMINISTRATOR c.t.a. ❑ 7RUSTEE as indicated above: I am over eighteen (18)years of age and a citizen of the United States ; and I wi11 well, faithfully and honestly I discharge the duties of Fiduciary of the goods, chatteis and credits of said decedent accarding to law. I am not rneligible to receive letters and will duly account for all moneys and other property that will come into my hands. 3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I hereby designate the C{erk of the Surrogate's Court of Suftolk County, and his/her successor in office, as a person on whom service of any process, issuing from such Court may be made in like manner and with like effect as if it were served personally upon me, whenever 1 cannot be found and served within ihe State of 1Vew York after due diligence used. My domiciie is: 2125 Cttre Wa ,Hummelstown,Penns Ivania 1703 Signature o(Petitioner Anne Searer Print Name i � On the�.1 day of _in the year 2(J�-3 before me, the undersigned, personaily appeared, Anne Searer personally known to me or proved to me on the basis af satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislhedtheir capacity(ies), and that by hislheNtheir signature(s) on the instrument, the individual(s), or the person upon behalf af which the rndividual(s)acted,executed the instrument. Sworn� before me this �` ay of � 0 /3 F P NOTqRIq�,SF,qI KI�qL�� Fub110 � N tary Publi . ��s8pt,ff, a Commis � n Expires: Q�'��///�, (Affix Notary Stamp or Seal) w_---_� \�.�. �._��,�,� . � � � -_ 1"'Signalure of Attorney RiChdrd DU �� I � Print Name of Artorney Philli s Nizer LLp (212)977-970Q �� (�t� Finn Telephone 666 Fifth Avenue,28th Floo�,Mew York,New York 10103 Mr�H�CiPp(,u�� Address �� I NYSBA's Surrogate's Court Form P-i(8/OS) i �i 2013 Matthew Bender 8 Co.,a member of the LexisNexis Group. � � � • I I • a � . I �� New York State Surrogate's Court Certification � �sBA New York State Bar Association O�cial OCA Forms Attorne '��Certifscation in Probate Proceedin s .��.�� . ��. , SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK I PROBATE PRQCEEDING, WILL OF MARII.YN J.ABEL ' a/k/a ATTORNEY'S C�RTIFICATION MARILYN JUNE ABEL IN PROBATE PROCEEDING I Deceased. File No. �oi3-��3p � , The undersigned attarney hereby certifies pursuant ta Section 207.4(b) of the Uniform Rules for Surrogate's Court that the foregoing forms and all supparting documents prepared on New York State Bar Association Official OCA Forms are the same as the official forms described in said Section and that the substantive te� has not been altered. I �. __ Richard Duffy I ignature of Attorney Print Name of Attomey Phillips Nizer LLP (212) 977-9700 ' Firtn Telephone 666 Fifth Avenue,28th Floor, New York, New York 101U3 Address I � I I I � i NYSBA's Surrogate's Court Form Certification(4/06) p 2013 Matthew Bender&Co.,a member ot the LexisNexis Group. • ' . . . . . > Control# 17920 File#2013-2330 File Name: Marilyn J Abel Certification of Copy of Document Filed with the Court SURROGATE'S COURT OF THE STATE OF NEW YORK SUFFOLK COUNTY I, Michael Cipollino,Chief Clerk, of the Suffolk County Surrogate's Court, a Court of Record, in the Unified Court System of the State of New York, hereby certify that the copies of the following documents: LETTERS TESTAMENTARY , LAST WILL AND TESTAMENT , NOTICE OF PROBATE (SCPA 1409) , DECREE GRANTING PROBATE AND PETITION FOR PROBATE are true copies of the original documents filed with or recorded in this Court and are a part of the case records maintained by the Court, the same being either: (1) photographic reproductions of the original documents reproduced on an office copier, (2) printed copies of documents electronically scanned and stored in the court's computer system, or (3) printed reproductions of original documents photocopied on microfilm. In addition, I certify that each of the attached documents is a correct transcript of the entire contents of the original documents that were so filed or recorded. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Suffolk Surrogate's Court on October 28, 2013. �,..," Michael Cipollino,Chief Clerk (Facsimile signature may be used pursuant to Section 2609 of the Surrogate's Court Procedure Act) � ♦ r � • � . R Control# 17921 STATE OF NEW YORK) EXEMPLIFICATION SURROGATE'S COURT) FILE#: 2013-2330 COUNTY OF SUFFOLK) FILE NAME: Marilyn J Abel I, Michael Cipollino, Chief Clerk of the Suffolk County Surrogate's Court, being a Court of Record, do hereby certify that the copies of the documents listed below, were compared to the original records of the Court filed in the Surrogate's Office of the County of Suffolk, and in my care and custody as the Chief Clerk of the Surrogate's Court, and that the same are full, exact and correct transcripts therefrom, and of the whole of each original record. LETTERS TESTAMENTARY,LAST WILL AND TESTAMENT, NOTICE OF PROBATE (SCPA 1409) , DECREE GRANTING PROBATE AND PETITION FOR PROBATE IN TESTIMONY WHEREOF, I have hereunto set my hand, and affix the seal of the Suffolk Surrogate's Court on October 28, 2013. � Michael Cipollino, Chief Clerk STATE OF NEW YORK) SURROGATE'S COURT) COUNTY OF SUFFOLK) I, John M Czygier Jr, Presiding Judge of the Surrogate's Court, do hereby certify that Michael Cipollino, 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 Suffolk Surrogate's Court on October 28, 2013. �' • ^ -.--�-'�'�""'_ John M Czygier Jr, Surrogate STATE OF NEW YORK) SURROGATE'S COURT) COUNTY OF SUFFOLK) I, Michael Cipollino, Chief Clerk, of the Suffolk County Surrogate's Court, do hereby certify that the Honorable John M Czygier Jr, is the Surrogate of Suffolk 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 Suffolk Surrogate's Court on October 28, 2013. ��.° Michael Cipollino, Chief Clerk (Facsimile signature may be used pursuant to Section 2609 of the Surrogate's Court Procedure Act)