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`MMAJUTALSTATUS ATTMEOF DEATH
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`William J. Carey Sr.
`
`boreen'fifiunkett
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`Bondsman)
`
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`Ierncliff Crematorm
`
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`
`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
`NYSCEF DOC. NO. 31
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`03/2017
`INDEX NO. 500703/2017
`INDEX NO~ 5007
`
`
`
`
`
`RECEIVED NYSCEF: 10/26/2017
`R4IC 4IIV4ID \IYSC'EF: 10/26/2017
`RECEIVED NYSCEF: 08/17/201
`
`'
`
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`CERTIFICATE OF DEATH
`STAT£ OF CONNECTICUT
`OFFICE OF THE CHIEF MEDICAL EXAMINER
`DEPARTMENT OF PUBLIC HEALTH
`L DEW 5‘1‘5 LHJA NAME ( new AKA? illny) (Fm Middle, last)
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`STATE FILE NUMBER
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`_
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`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
`
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`NYSCEFaDQq, No, 5,_w
`
`INDEX NO. 500703/2017
`
`INDEX NO~ 500703/2017
`
`
`
`
`
`017
`RECEIVED NYSCEF: 10/26/2017
`RECEIVEDNgsch ogff%f2017
`
`
`
`
`
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
`""‘““" "’"“"‘“‘
`"" “V" “‘ "W ‘“
`NYSCEF DOC. NO. 31
`NYSCEF DOC. NO.
`5
`
`INDEX NO. 500703/2017
`INDEX NO. 500703/2017
`
`
`
`
`
`017
`R«.C«.IV«.D \iYSCEF:
`RECEIVED NYSCEF: 10/26/2017
`2017
`185%?
`RECEIVED NYSCEF:
`
`.4
`
`SURROGATE’S cou T F THE STATE OF NEW YORK
`
`COUNTY OF
`
`.......—.-2... «m—--~.~—.-~.———-‘——w~x
`VOLUNTARY ADMINISTRATION. Estate of
`
`47%? gene éflflj
`
`.
`
`,
`
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`
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`
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`
`STATE OF NEW Y.
`
`COUNTY OF
`
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`
`3971'U”M ‘ .MM)55.:
`
`AFFIDAVIT m RELAIION re ~
`SETTLEMENT OF ssrAfre UNDER
`ARTICLE 13. SOFA
`
`FileNo.W
`
`(asot1I2009)
`
`(lNSTRUCTlONS; in completing this form,
`answer each question. This may be done in some
`instances by crossing out words in parentheses
`and in some hstances by Inserting the required
`information.)
`
`
`
`,being duly swom.oeooseand.say
`f brig!
`. a}ESE E?
`t.
`(t)Mypermanentaddress Is: 33((gkeetégeij) Qm2 EQQE‘; (Gaynommage)
`We» Ffiirfiew
`Q4
`éKYL
`637““16 ”git—L
`'
`(Telephone Number)
`
`(County
`My mailing address is:
`
`(State)
`§ $231M ‘0
`(it different from permanent address)
`
`(Zip)
`
`(2) My interest is:
`
`fifa“ i B ‘/
`V] Distributor:ordecedent
`
`V‘IOMISMMMX(74.Wt “WW
`
`/
`
`(Re otionshioi
`
`_
`
`(3) The name. permanent address. date. place of death, and citizenship of the decedent to whose estate this proceeding
`retates..are as follows:
`4 MC? @2qu Oriya
`[310?
`
`g Eff:[g
`Name of Decadent talk/a. ifapplicable):
`
`
`J ”9+ 140’?
`PermanentAddress:
`1"
`
`(City/TownNtllage)
`(insetAddress)
`
`(k ’.
`Place ofDeath:____
`“:1
`Dateot Death: LU};
`
` 1/13 Irma.
`(Cflyfffwn/Vltlage)
`Citizenship:MW f’ldeU/U V”
`
`(4) Decedent dled:
`
`1 intestate (without a will)
`(
`[v]Testate (the original wiii'Is attached)
`
`(5) A search of the records of the Court shows that no application has been madeIn the estate of the decedent for voluntary
`administration letters of administration or for probate of a will and your altiantIs informed and verity believes that no such
`application ever has been made to any other Surrogate‘s Courtin this state
`
`SEGA 'For use only where decedent died on or after January 1, 2009
`
`SE-SA
`
`.1.
`
`
`
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
`In.” 0
`‘ vflfi“
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`NYSCEF DOC. NO. 31
`NYSCEF DOC. NO.
`5
`
`INDEX NO. 500703/2017
`
`INDEX NO~ 500703/2017
`
`
`
`
`
`R4IC4IIV4ID \IYSCEF:
`l
`17
`RECEIVED NYSCEF: 10/26/2017
`RECEIVED NYSCEF: 0/ 64%8017
`
`(5) The names and addresses of the decedent‘s distributees under New York law, including non-marital children and
`descendants of predeceased non-marital children. and their relationships to the decedent. are as follows: (if more space is
`needed, add a sheet of paper)
`
`m .
`
`Post Olt‘lce
`Address (includiggz to)
`
`Relationship
`
`indicateit non-marital
`
`59%
`299 {mil w!)tohewilla?“
`C: fiw (in; «
`
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`'
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`SS 32% Q
`
`M 11531“ _...._ Soil:
`
`(7) (If decedent had a will) The names and addresses of all beneficiaries. in the will of the decedent tiled herewith are as
`lollows: (If more space is needed add a sheet of paper)
`
`Post Office
`
`Addrincl d
`
`930 Eel gnu-0 (a? New Gil/W
`
`A
`333mQ
`[21788(2.@
`BTW
`._
`Era/w g flfvél/ Ex€fu7427flffl #0?firs/ac.0101)! L7,
`
`gem
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`[VD/QWS #(léjfififk/MUPI/f‘ ‘i
`
`8) The value of the entire personal property. wherever located at the decedent exclusive of joint bank accounts, trust” of
`accounts. U6 savings bonds POD (payable on death) and jointly owned personal property or properly exempt under the
`EPTL see.1 does not exceed $30,00000
`L // pa,1; (/1le we
`Sal/”‘6 links: HS 612', “no",
`L/(JIV’Q/
`[bf/6710
`9) The following.exclusive ofjoint bank accounts. trust accounts U8. savings bonds POD (payableon death), andjointly
`
`I
`
`‘
`
`owned personal property or property exempt under EPlL §5—3 1 is a complete list of all personal property owned by the
`decedent. either standingtn his/her own name or owned by nim/h‘cr beneficially and including items of valuein any safe deposit
`box (if more space is needed add a sheet 0! paper)
`
`items of Personal Properly
`
`Mil £3VZ'ZLLE‘Z; a mix
`
`I
`
`V” Z EE :0 0% 70mm
`
`
`
`TOTAL $
`
`é W- 3/0
`
`
`
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`fiat".
`.5
`a...
`FILED: PUTNAM COUNTY CLERK 1 E2017 02:23 PM
`‘- vd-n-In i vvvnn—fi
`van-oth‘as vv *1
`nova-1 *flifil’
`NYSCEF DOC. NO. 31
`NYSCEF Doc'. No'.
`5
`
`500703/2017
`INDEX NO. 500703/2017
`INDEX NO~
`
`
`
`
`so
`
`RECEIVED NYSCEF: 10/26/2017
`fizlgg;f%;ggg7
`PTO
`tan:
`
`.‘
`
`KM,
`
`(to) All the liabilities of the decedent known to me are as follows (It more space is needed. add a sheet of paper)
`
`Llama of Creditor
`
`ed
`Amount
`
`
`”-m-u
`,/’//
`.
`”0'2.
`
`
`(1 l) l undertake to act as voluntary administratorllrlx ot the decedent‘s estate. and to administer it pursuant to Article ta of the
`Surrogale’s Caun Procedure Act. l agree to reduce all of the decedent‘s assets to possession; to liquidate such assets to the
`extent necessary. to open an estate bank account In a bank of deposit or savings bank in this state. in which i shalt deposit
`all money received; to sign all checks drawn on or withdrawals from such account in the name of the estate by myself. as
`voiuntary amninistratorltrix; to pay the expenses of administration. the decedent's reasonable funeral expenses and nlslher
`debts in the order provided by law; and to distribute the balance to the person or persons and in the amount or amounts
`provided bylaw. A5 voluntary administrator/nix, i shall file in this court an account of all receipts and 01 disbursements made.
`
`(12) I understand that this proceedlng will not determlne the estate tax liability. if any. in the event that the decedent had any
`htlerest tn real property or any joint bank accounts. trust accounts. U.S. savings bonds POD (payable on death). or jointly
`owrted or trust property.
`
`(1 3) ll letters testamentary or at administration are later granted, l acknowledge that my powers as voluntary administratorltrix
`I
`shall cease. and I shall deliver to the courtvappoinled fiduciary a complete statement of my
`nl and ail
`ets
`.d tunds
`
`.w'
`;:
`
`of the estate ln my possession.
`
`
`Slgnatur of Affiant
`5 ”fit/w {gm/8 /
`
`Print Name
`
`Sworn to belora me on
`
`
`Notary u ic
`
`My Commisslon Expires:
`Affix Notary Stamp or Seat
`l
`
`)
`
`- estate at
`ngfiuwwfigs
`M83 ‘0
`. :21
`1mm“ m $2”
`
`_ ._
`Signature of Attorney:
`__
`_
`__
`Print Name:
`__...._...”-me
`
`
`Firm Name:
`
`Address at Attorney:
`
`
`
`500703/2017
`INDEX NO. 500703/2017
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`.h—I-uu A...“
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`‘- I
`INDEX NO~
`FILED: PUTNAM COUNTY CLERK 1fl02017 02:23 PM
`
`
`
`
`RECEIVED NYSCEF: 10/26/2017
`NYSCEF DOC. NO. 31
`85%fifzolv
`NYSCEF DOC. NO.
`5
`” F‘:
`
`‘ SURROGATE' S C
`COUNTY OF
`
`
`
`TATE OF NEW YORK
`
` GT'OFI/TH
`
`WILL OF
`
`’
`
`.
`
`We
`
`/ ([5 16k/(1"9 (I#1
`
`(Note: Attach :
`
`.. . ,
`Affidavit of Co
`
`worsens: if a photocopy of the Will is use.
`
`one person need make the affidavit)
`
`Deceased.
`
`
`AF FiDAVIT 0F COMPARISON
`
`Fire No.
`
`gflifi ~50 i
`
`STATE OF NEW YORK
`
`COUNTY or4mm .
`W“Mandi
`
`.)
`)
`)
`
`33.:
`
`
`
`being duly
`
`sworn. sayis) that (helsne has) (we have) carotuiiy compared the copy oi decedent's Wilt/Codie“ propoundeo herein to
`
`which this aiiidavit is annexed with the originai Wili dated tho______,L‘ day offl'lfi Z [1. (and the original
`
`codicli dated the
`
`{22:
`
`day of
`
`. W). about to be flied tor probate. and that the some is in all '
`
`
`1
`
`respects a true and correct copy or said original WiiiICodicii and of the whoic theme!
`
`‘
`
`9'
`
`.
`
`[
`Sworntohetfore-me this
`k
`.
`,
`Signature / .
`_
`
`
`Print Name
`
`«RENEwgfi‘aYork
`Commission Expires:
`(Affix Notary Stamp or Seaiwoiawmumm‘mfiw
`owned fi‘j‘flzfi.m
`“we?“
`30‘?
`
`Signature
`
`Print Name.
`
`
`Name of Attorney
`Tel. No.:
`Address of Attorney '
`
`
`
`‘P.13(10196)
`
`.
`
`-
`
`r
`
`‘
`
`.
`
`
`
`IND
`EX NO. 500703/2017
`INDEX NO. 500703/2017
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`
`nay-h.
`.h-Iou.’
`tar-n
`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
`VVUAI-h .n.
`valid-h‘.‘
` we
`RECEIVED \IYSCEF:
`
`
`
`
` ”IIV‘HD
`
`
`RC 4.
`
`
`10/ 6/ 017
`NYSCEF DOC. NO. 31
`RECEIVED NYSCEF: 10/26/2017
`NYSCEF:
`O8 17 2017
`5
`NYSCEF Doc'. NO’.
`
`LAST WILL AND TESTAMENT
`
`OF
`
`GRACE G. CAREY
`
`l, GRACE G. CAREY, residing at 493 Bullet Hole Road,
`Mahopae. County of Putnam, State of New York, which I hereby declare to
`be my domicile. do hereby make, publish and declare this to be my Last
`Will and Testament.
`
`
`FIRST:
`
`at any time heretofore.
`
`l revoke all Wills and Codicils made by me
`
`SECQND:
`
`I direct that all inheritance, estate, transfer,
`
`thereon)
`succession and death taxes or duties (including any interest
`imposed by any jurisdiction whatsoever by reason of my death upon or in
`relation to any property includable in my estate for the purposes of any such
`taxes or duties, whether such property passes under the provisions of this
`Will, or outside the provisions of this Will, be paid out of my general estate
`without proration or apportionment.
`
`THIRD;
`I direct that all my just debts and funeral
`expenses be paid out of my general estate as soon as practicable after my
`demise.
`
`In the event that any property or interest passing under this
`Will, by operation of law, or otherwise by reason of my death (other than as
`part of my residuary estate) shall be encumbered by mortgage or a lien, or
`shall be pledged to secure any obligation (whether the property or interest in
`property so encumbered or pledged shall be owned by me jointly or
`individually), it is my intention that such indebtedness shall not be charged
`
`to or paid from my estate, but that the devisee, legatee, joint owner taking
`by survivorship or beneficiary shall
`take such property or interest
`in
`property subject to all encumbrances existing at the time of my death.
`
`it
`
`
`Initials
`
`
`
`EX NO. 500703/2017
`INDEX NO. 500703/2017
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`ED : PUTNAM
`COUNTY CLERK 10
`
`2—017 02 = 23 PM
`
`
`
`
`
`
`vvv-‘ * * V“H‘\“ v V * U
`H v ‘ I
`.- U H i
`h ."
`R-LC-LIV-L
`
`NYSCEF DOC. NO. 31
`RECEIVED NYSCEF: 10/26/2017
`RE E1
`V§§§£Eé:18§;§4;8d27
`NYSCEF Doc'. No'.
`5
`
`mm All the rest, residue and remainder of_ the
`property both real, personal and mixed and wheresoever situate which I may
`own or be entitled to at the time of my death (allsuch property being herein
`sometimes referred to as my “residuary estate"), I give, devise and bequeath
`to my brother, STEVEN R; FARRELL, presently residing 230 Ball Pond
`Road, New Fairfield, Connecticut, IN TRUST NBVERTHELESS for my
`children, WILLIAM J. CAREY III, CONNOR R. CAREY and KEVIN P.
`CAREY, to be divided equally, per capita, to hold, manage, invest and
`reinvest the same and to collect and receive the principal and interest
`therefrom for the health, welfare and education of my said children until
`they attain the age of thirty (30) years, reSpectively, at which time my said
`children shall receive their respective share of the accrued principal and
`interest therefrom.
`
`'
`
`shall
`In the event my brother, STEVEN R. FARRELL,
`predecease me, fail to qualify, or having qualified thereafter dies, resigns, is
`removed from office or for any reason ceases to act as such Trustee, I '
`hereby nominate, constitute and appoint my sister, NOREEN HICKEY,
`presently residing in Yonkers, New York, as Trustee in his place and stead.
`
`My Executors and or Trustees shall have
`FIFTH:
`discretion to make payment or distribution of any principal and/or income
`vesting in and payable to any person in any one or more of the following
`ways:
`
`Paying the same to the parent, guardian or other person
`(a)
`having the care and control of such person;
`
`Paying directly to such person an allowance
`(b)
`discretionary sums;
`
`in
`
`(c) Depositing the same in a bank account in the name of
`
`such person;
`
`(d) Using the same to purchase obligations ofthe
`Government of the United States, or of any state, county, city or other
`political subdivision of the United States, which can be redeemed by such
`person;
`
`Paying the same to any relative of such person as
`(e)
`custodian for such person under any applicable Gifts to Minors Act;
`
`2
`
`90
`
`
`Initials
`
`
`
`IND
`017
`3X NO. 500703/2
`INDEX NO. 500703/2017
`
`
`4. V4. .C I
`D
`
`
`
`017
`RECEIVED NYSCEF: 10/26/2017
`VED
`RECE I
`2017
`regga-il8éii4i
`
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`
`
`VVU“‘ ‘‘- u tank-an- VHH.\-‘
`adv-nu: *HI‘IJ
`.5 *HHU o
`FILED: PUTNAM COUNTY CLERK 1W0m2017 02:23 PM
`
`
`
`NYSCEF DOC. NO. 31
`NYSCEF DOC. NO.
`
` 5
`
`._“firm-WW‘ M.”M
`
`Expanding it in such other discretionary manner as my
`(0
`Executors and or Trustees believe will benefit such person; or
`
`Defer-ring payment or distribution of any part or all
`(g)
`thereof as set forth herein, meanwhile applying to such person’s use so
`much principal and the income therefrom, and at such time or times as rrry
`Executors and or Trustees may deem advisable.
`
`I hereby nominate, constitute and appoint my
`’
`SIXTH:
`brother, STEVEN R. FARRELL, presently residing 230 Ball Pond Road,
`New Fairfield, Connecticut, to be Executor of this, my Last Will and
`
`In the event he shall predecease me, fail to qualify, or having
`Testament.
`Qualified thereafter dies, resigns, is removed from office or for any reason
`ceases to act as such Executor, I hereby nominate, constitute and appoint my
`sister, NOREEN HICKEY, presently residing in Yonkers, New York, as
`
`Executrix of this my Last Will and Testament in his place and stead.
`
`l direct that none of my Bxecutors and or Trustees shall be
`required to give any bond or other security for the faithful performance of
`their respective duties in any jurisdiction whatsoever, or if any bond is
`required, no surety shall be required thereon. No fiduciary at any time
`acting hereunder shall be required to file periodic accountings in the Court
`in which this Will shall be admitted to probate unless such fiduciary shall
`elect to do so. To the extent that any of my Executors and or Trustees shall
`exercise discretion hereunder and make payments and/or applications of
`assets as hereinbefore provided they shall be relieved of any and all
`responsibility and liability with respect to the same.
`
`any
`receive
`No Executor/Executrix named herein shall
`commissions statutory or otherwisa from acting in such fiduciary capacity.
`
`5531513111; Without limiting the powers conferred upon
`Executors and/or Trustees by statute or by general rules of law my
`Executors and/or Trustees hereunder are Specifically authorized and
`empowered:
`
`To retain, invest and/or reinvest, any funds of my estate
`(a)
`in any stock, bonds, notes or other securities or property, real or personal,
`including any common or cornrningled fund maintained by any bank, trust
`
`9
`
`Nil:
`
`
`
`INDEX NO. 500703/2017
`INDEX NO. 500703/2017
`
`
`
`\IY
`
`
`
`RECEIVED NYSCEF: 10/26/2017
`N
`EEEil8/i6éi8017
`
`SY
`
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`‘- v nun-o“.
`:- ‘HHH O
`vva‘A-nh vu~‘\fi\
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`nun-u.
`FILED: PUTNAM COUNTY CLERK 1W0m2017 02:23 PM
`NYSCEF DOC. NO. 31
`
`
`company, or other corporate fiduciary and to receive and/or retain all in the
`same, notwithstanding that such investments may not be of the character
`allowed to Executors or Trustees by statute or general rules of law, it being
`my intention to give the broadest investment powers and discretion to such
`of my Executors as shall from time to time be acting;
`
`To sell or otherwise dispose of any property, real or
`(b)
`personal, at any time forming a part of my estate or over which my
`Executors or Trustees shall exercise powers in trust at either public or
`private sale for cash or upon credit in such manner and on such terms and
`conditions as to them may seem best and/or to grant options therefore and
`no person dealing with them shall be bound to see the application of any
`monies paid;
`
`To manage, operate, repair, improve, mortgage and lease
`(c)
`for any term any real estate at any time held by them;
`
`(d) To make distribution in cash or in kind upon any division
`
`of my estate;
`
`(e)
`
`In general, to do all such acts and things with respect to
`
`any such property and to exercise all powers in the management of my
`estate and over property held subject
`to a power in trust which any
`individual could exercise in the management of similar property owned in
`his own right, upon such terms and conditions as may seem best to them,
`and to execute and deliver any and all instruments and to do all acts which
`to them may seem necessary or proper to carry out the purposes of this Will.
`
`The words "child? and "children" wherever
`Blgflll—l;
`used in this Will with reference to children of mine, mean and include
`WILLIAM J. CAREY III, CONNOR R. CAREY and KEVIN P. CAREY
`
`and such other children of mine as may hereafter be born of my blood or be
`legally adopted by me.
`
`shall be
`The neuter gender hereunder
`NINTH:
`deemed to include the masculine and/or feminine wherever necessary or
`appropriate, and the singular to include the plural. Wherever the expression
`"Executor" or Executors" is employed, the same shall be deemed to include
`the words Executrix or Executn'ces or their alternates or successors as the
`
`case may be.
`
`
`
`
`
`INDEX NO. 500703/2017
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`:- noun-cu" o
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`
`FILED. PUTNAM COUNTY CLERK 10vfl3'2017 02:23 PM
`INDEX NO 500703/2017
`
`
`
`
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`R I-vC I-vIV D \IYsC-ZF:
`NYSCEF DOC. NO. 31
`RECEIVED NYSCEF: 10/26/2017
`RECEIVED NYSCEF:
`
`
`
`IN WITNESS WHEREOF, I hereby Sign, seal, publish and
`declare this to be my LAST WILL AND TESTAMENT and initial each
`
`page,
`in the presence of the persons witnessing it at my request this
`fr/ day of fly]
`in the year No thousand and fourteen (2014).
`
`
`
`The foregoing was at said date subscribed, sealed,
`published and declared by the Testatrix, as her
`Last Wiil and Testament, in our presence and we
`at her request, and in her presence and in the
`presence of each other, subscribed our names as
`
`witnesses, all of us, including the Testatrix being
`present throughout the execution and attestation of
`this Will.
`
`“71" 91’“
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`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
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`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
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`NYSCEF DOC. NO. 31
`
`INDEX NO. 500703/2017
`
`INDEX NO~ 500703/2017
`
`
`
`
`
`RaCaIVaD NYSCEF: 10/26/2017
`RECEIVED NYSCEF: 10/26/2017
`RECEIVED NYSCEF: 08/17/2017
`
`,
`SURROGATE'S COURT OF THE STATE OF NEw YORK
`COUNTY OF PUTNAM
`'
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`MAY
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`
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`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
`
`
`
`
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`
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`NYSCEF DOC. NO. 31
`
`
`
`INDEX NO. 500703/2017
`INDEX NO~ 500703/2017
`
`
`
`
`
`
`R4IC4IIV4ID \IYsC-EF: 10/26/2017
`RECEIVED NYSCEF: 10/26/2017
`RECEIVED NYSCEF: 08/17/201'
`
`SURROGATE’S COURT OF THE STATE OF NEW YORK.
`
`COUNTY OF PUTNAM
`Deceased.
`
`|
`'
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`
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`INDEX NO. 500703/2017
`INDEX NO. 500703/2017
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`
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`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
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`
`
`
`
`
`
`
`R .C .Iv .D VYSCEF: 10/26/2017
`RECEIVED NYSCEF: 10/26/2017
`NYSCEF DOC. NO. 31
`NYSCEF DOC. NO.
`5
`RECEIVED NYSCEF: 08/17/201
`
`. SURROGATE'S COURT OF THE STATE OF NEW YORK
`COUNTY OF PUTNAM
`.
`
`
`
`
`PUTNAM comm
`
`
`
`W “
`
`1 2015
`
`SURHOGATE’S COURT '
`
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`
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`
`AFFIDAVIT _.
`
`STATE OF NEW YORK )
`COUNTY OF Twig/1m» )
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`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
`NYSC 3F DOC. NO. 31
`NYSCEF DOC. NO. 31
`
`IND
`EX NO.
`500703/2017
`INDEX NO. 500703/2017
`
` VYSC
`
` 4|IV-v .D
` 3F:
`
`10/26/2017
`RECEIVED NYSCEF: 10/26/2017
`
`
`
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`.- dun-auc— .
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`FILED: PUTNAM COUNTY CLERK 1’0m2017 02:23 PM
`NYSCEF DOC. NO. 31
`NYSCEF DOC. NO.
`3
`STATE OF NEW YORK
`SUPREME COURT
`
`COUNTY OF PUTNAM
`
`INDEX NO. 500703/2017
`
`INDEX NO~ 500703/2017
`
`
`
`.
`
`I
`
`fl VfiD VYSC.EF:
`017
`RECEIVED NYSCEF: 10/26/2017
`2017
`ED NYSCEF:
`185 $4?
`RECEIV
`
`JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
`
`Plaintiff,
`
`~vs-
`
`Index No.
`
`CERTIFICATE OF MERIT
`PURSUANT TO N.Y.
`
`C.P.L.R.§ 3012-b
`
`STEVEN FARRELL A/K/A STEVEN R. FARRELL,
`INDIVIDUALLY AND AS VOLUNTARY ADMINISTRATOR OF Mortgaged Premises Address:
`THE ESTATE OF GRACE GENE CAREY A/K/A GRACE G.
`493 BULLET HOLE ROAD
`
`MAHOPAC, NY 10541
`
`CAREY A/K/A GRACE CAREY; CONNOR CAREY A/K/A
`CONNOR R CAREY; WILLIAM J. CAREY A/K/A WILLIAM J.
`CAREY, III; KEVIN CAREY A/K/A KEVIN P. CAREY; UNITED
`STATES OF AMERICA O/B/O INTERNAL REVENUE SERVICE;
`NEW YORK STATE DEPARTMENT OF TAXATION AND
`
`FINANCE; DANBURY OFFICE PHYSICIAN SERVICES, P.C.;
`UNKNOWN HEIRS OF THE ESTATE OF WILLIAM CAREY
`
`A/K/A WILLIAM J. CAREY, JR;"JOHN DOE #1-5" and "JANE
`DOE #1-5" said names being fictitious, it being the intention of
`PlaintitT to designate any and all occupants, tenants, persons or
`corporations, if any, having or claiming an interest in or lien upon
`the premises being foreclosed herein,
`
`Defendants.
`
`I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with
`l.
`the law firm of Fein, Such & Crane, L.L.P., attorneys for plaintiff in this action.
`
`This residential foreclosure action involves a home loan, as such term is definedin Real Property
`2.
`Actions and Proceedings Law §1304 to the extent allegedm paragraph NINTH of the Complaint.
`
`I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage,
`3.
`security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment
`(if any), and all other instruments of indebtedness including any modification, extension, and consolidation.
`
`4.
`
`I have consulted with KEVIN BENTUM, a representative of the Plaintiff.
`
`Upon this review and consultation, to the best of my knowledge, information, and belief, I certify
`5.
`that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to
`enforce rights under these documents.
`
`Attached herein and as part of the Complaint are copies of the following documents: the
`6.
`mortgage, security agreement and note or bond underlying the mortgage executed by the defendant; all instruments
`of assignment (if any); and any other instrument of indebtedness, including any modification, extension, and
`consolidation.
`
`Attached herein and as part of the Complaint, if applicable, are supplemental affidavits attesting
`7.
`that certain documents as described in paragraph 5 supra are lost, whether by destruction, thefi, or otherwise.
`
`I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part
`8.
`1200) and 22 NYCRR Part 130.
`
`Dated:
`
`l/hfll/‘lf
`
`(< ( girl/L
`
`VICT R SPINELLI, ESQ.
`FEIN, SUCH & CRANE, LLP
`Attorneys for Plaintifl‘
`1400 OLD COUNTRY ROAD STE C103
`
`WESTBURY, NY 11590
`Telephone No. 516/394-6921
`CHNY 1229
`
`
`
`INDEX NO. 500703/2017
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`‘- .uun-IH o
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`any.
`FILED. PUTNAM COUNTY CLERK 10m2017 02:23 PM
`INDEX NO~ 500703/2017
`
`
`
`
`NYSCEF DOC. NO. 31
`RECEIVED NYSCEF: 10/26/2017
`
`Rfi%%£¥<7BDV1Yq§§EE% ; 1 8é?§4?3%l 7
`
`SUPREME COURT OF THE STATE OF NEW YORK
` COUNTY OF PUTNAM
`
`JPMORGAN CHASE BANK, NATIONAL
`ASSOCIATION,
`
`Plaintifi“,
`
`-VS-
`
`NOTICE OF PENDENCY
`OF ACTION
`
`Index No.
`
`STEVEN FARRELL A/K/A STEVEN R. FARRELL,
`INDIVIDUALLY AND AS VOLUNTARY
`
`ADMINISTRATOR OF THE ESTATE OF GRACE GENE
`CAREY A/K/A GRACE G. CAREY A/K/A GRACE
`
`CAREY; CONNOR CAREY A/K/A CONNOR R. CAREY;
`WILLIAM J. CAREY A/K/A WILLIAM J. CAREY, III;
`KEVIN CAREY A/K/A KEVIN P. CAREY; UNITED
`STATES OF AMERICA O/B/O INTERNAL REVENUE
`
`SERVICE; NEW YORK STATE DEPARTMENT OF
`
`TAXATION AND FINANCE; DANBURY OFFICE
`PHYSICIAN SERVICES, P.C.; UNKNOWN HEIRS OF
`THE ESTATE OF WILLIAM CAREY A/K/A WILLIAM J.
`
`CAREY, JR.;"JOHN DOE # LS" and "JANE DOE #1-
`5"said names being fictitious, it being the intention of Plaintiff
`to designate any and all occupants, tenants, persons or
`corporations, if any, having or claiming an interest in or lien
`upon the premises being foreclosed herein,
`
`Defendants.
`
`NOTICE IS HEREBY GIVEN, that an action was commenced upon the Complaint of the
`
`above plaintifi‘ against the above named defendant(s) and is now pending in the Supreme Court of
`
`the State of New York, PUTNAM County, for the foreclosure of a Mortgage executed by
`
`GRACE GENE CAREY A/K/A GRACE G. CAREY A/K/A GRACE CAREY, deceased, and
`
`WILLIAM CAREY A/K/A WILLIAM J. CAREY, JR., deceased, to MORTGAGE
`
`ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR M&T MORTGAGE
`
`CORPORATION to secure the sum of $195,000.00, which was recorded in the PUTNAM
`
`County Clerk's Office on July 2, 2004, in Book 4246 of Mortgages, at Page 0234, et seq. Said
`
`1n-Fl:
`
`
`
`
`
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`F.I___L PU_'I'NAM COUNTY CLERK 10m'2017' 02:23 PM
`
`NYSCEF DOC. NO. 31
`
`WMFDQSC N190.
`
`INDEX NO. 500703/2017
`
`INDEX NO. 500703/2017
`
`
`
`
`RECEIVED NYSCEF: 10/26/2017
`RE%EIE\iV%D\IEI§(%LCFE%1%432/61472/glo717
`
`Mortgage was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
`
`AS NOMINEE FOR M&T MORTGAGE CORPORATION, ITS SUCCESSORS AND
`
`ASSIGNS to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION by Assignment dated
`
`October 28, 2014 and recorded on November 13, 2014 in Book 6425, at Page 297, et seq.
`
`GRACE GENE CAREY A/K/A GRACE G. CAREY A/K/A GRACE CAREY died a resident of
`
`PUTNAM County on April 8, 2014. STEVEN FARRELL A/K/A STEVEN R. FARRELL named
`
`as Voluntary Administrator of the Estate fo GRACE GENE CAREY A/K/A GRACE G. CAREY
`
`A/K/A GRACE CAREY by virtue of Surrogates proceedings under file number 2015-101.
`
`WILLIAM CAREY A/K/A WILLIAM J. CAREY, JR. died a resident of PUTNAM County on
`
`March 9, 2015. An Administrator has not yet been appointed.
`
`NOTICE IS FURTHER GIVEN, that the mortgaged premises described in the
`
`mortgage(s) affected by the foreclosure action were, at the time of the commencement of this
`
`action and at the time ofthe filing ofthis Notice, situated in the County of PUTNAM, State of
`
`New York, and are described in "Schedule A ~ Legal Description" attached hereto and made a
`
`part hereof.
`
`'DAFE
`
`
`
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`
`
`
`v v "a—Ia—o u out“; vvvti ‘- n. van—Iain.‘
`FILED: PUTNAM COUNTY CLERK 10$2017' 02: 23 PM.
`NYSCEF DOC. NO. 31
`
`
`INDEX NO. 500703/2017
`INDEX NO. 500703/2017
`
`
`
`
`
`
`VYSCEF: 10/26/2017
`RC
`RECEIVED NYSCEF: 10/26/2017
`RECEIVED NYSCEF 08/17/201i
`
`The Clerk of the County ofPUTNAM, is directed to index this Notice against the names
`
`of the defendant(s).
`
`Dated: July Q1}, 2017
`
`MMVICTOR s INELLI, ESQ.
`
`FEIN, SUCH & CRANE, LLP
`Attorneys for Plaintiff
`1400 OLD COUNTRY ROAD STE C103
`WESTBURY, NY 11590
`Telephone: 5 16/394—6921
`CHNY 1 229
`
`Property Address: 493 BULLET HOLE ROAD, MAHOPAC, NY 10541
`
`SECTION: 64.6
`BLOCK:
`1
`
`LOT: 8
`
`QA‘FK
`
`
`
`INDEX NO. 500703/2017
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`.- uni-tau .
`ul- Vtfi‘hu‘. vvutvfifi VHH‘\*‘ vv
`I
`avg-1
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`FILED: PUTNAM COUNTY CLERK 10m2017 02:23 PM
`INDEX NO~
`
`
`
`
`
`NYSCEF DOC. NO. 31
`RECEIVED NYSCEF: 10/26/2017
`
`
`
`
`BOO-A Canal View Boulevard, Rochester, NY 14623 P: (888-250‘9056 / F: 888-250-9057) www.webtitle.us
`
`Ti...N...-
`
`DESCRIPTION OF MORTGAGED PREMISES
`
`SCHEDULE A
`
`ALL THAT CERTAIN PLOT. PIECE OR PARCEL OF LAND. with the buildings and improvements
`thereon erected. situate. lying and being in the Tom of Carmel. County of Putnam, The State of New
`York. known as Lot No. 7 on "Map of portion of Mary Pinelli. dated January 16th, 1956. Roy Burgess.
`PE. 8. LS. " and filed in the Clerk‘s Office of the County of Putnam. The State of New York. on
`October 2nd. 1957. as Map No. 822. being more particularly bounded and described as follows:
`
`Beginning at a_ point in the northerly line of Bullet Hole Road. where the division line between Lots 7
`and 8 on said map intersects the northerly ’side of Bullet Hole Road. which point of beginning is distant
`the following three (3) courses and distances from the intersection of the northerly line of Bullet Hole
`Road and the westerly fine of Hill Street (Long Pond Road):
`
`1) South 89" 47‘ 00" West. 19.88 feet;
`
`2) North 74’ 17' 00" West. 53.78 feet: and
`
`3) North 72°11' 10“ West. 255 feet;
`Thence North 17’ 48' 50" East. 210 feet to the lands now or formerly of Mary Pinelli;
`
`Thence North 72° 11' 10" West. 100 feet along other lands now or formerly of Mary Pinelli;
`
`Thence South 17' 48‘ 50" West. 208.90 feet to the northerly line of Bullet Hole Road;
`
`Thence along the northerly line of Bullet Hill Road. South 71" 02' 30" East. 54.95 feetto a point and
`South 72' 11’ 10" East. 45.06 feet. to the point or place of beginning.
`
`Premises: 493 Bullet Hole Road, Mahopac, NY 10541
`Tax Map/Parcel ID No.: Section: 64.6 Block: 1 Lot: 8
`
`Am-Fl:
`
`
`
`INDEX NO. 500703/2017
`FILED: PUTNAM COUNTY CLERK 10/26/2017 02:23 PM
`INDEX NO~ 500703/2017
`FILED: PUTNAM COUNTY CLERK 1m2017 02:23 PM
`
`
`
`
`
`
`-‘i—IHH.
`. Vfifi‘ifl'. vvvl-Ififi vflutifih UV *1 “Vt!
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`R4IC4IIV4ID \IYSC'EF: 10/26/2017
`NYSCEF DOC. NO. 31
`RECEIVED NYSCEF: 10/26/2017
`
`
`NYSCEF DOC.
`'.
`RECEIVED NYSCEF: 08/17/2015
`
`
`
`ALL-STATE LEGAL
`07lol-BF-07l02—BL -07lo3~GY - 07104-WH
`80022210510 www.aslegal.