Details for LEGAL NOTICE SURROGATE'S COURT: YATES COUNTY CITATION THE PEOPLE OF THE STATE OF NEW YORK
SURROGATE'S COURT: YATES COUNTY
THE PEOPLE OF THE STATE OF NEW YORK,
By the Grace of God Free and Independent.
File No. 2018-10624/A
TO: Clinton Gary and/or distributes of Clinton Gary, Address unknown;
Arthur Gary and/or distributes of Arthur Gary, Address unknown;
Robert Gary and/or distributes of Robert Gary, Address unknown;
Gerald Gary and/or distributes of Gerald Gary, Address unknown;
Ethel Anslee and/or distributes of Ethel Anslee, Address unknown;
Margarate Linder and/or distributes of Margarate Linder, Address unknown.
A Petition having been duly filed by Melody Jefferson, who is domiciled at 4717 Pre-Emption Road, Rock Stream, NY 14878.
YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate's Court, Yates County virtually at this number 1-347-378-4143, ID# 282518587 on Thursday, June 10, 2021 @ 9:45 a.m. in regard to the Probate of the Will of the Late Earl G. Gary, a copy of which is attached.
Dated, Attested and Sealed
March 29, 2021
Honorable Jason L. Cook, Surrogate
Vanessa V. Smith, Chief Clerk
LAST WILL AND TESTAMENT
EARL G. GARY
I, EARL G. GARY, a resident of and domiciled in Dundee, New York, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at anytime heretofore made by me.
FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property.
SECOND: I give all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vehicles, together with all insurance policies relating thereto, to my wife BEVERLY A. GARY, if she survives me.
THIRD: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my “residuary estate”), as follows:
(a) If my wife BEVERLY A. GARY survives me, to my wife outright.
(b) If my wife does not survive me, I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the State of New York.
FOURTH: I appoint my wife BEVERLY A, GARY to be my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction.
FIFTH: I grant to my Executor all powers conferred on executors under the New York Estates, Powers and Trusts Law, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term “Executor” wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time.
SIXTH: If any beneficiary under this will and I die in a common accident or under circumstances in which it is difficult or impractical to determine who survived the other, such beneficiary shall be deemed to have predeceased me.
IN WITNESS WHEREOF, I, EARL G. GARY, sign, seal, publish and declare this instrument as my last will and testament this 8th day of February, 2006.
Earl G. Gary
The foregoing instrument was signed, sealed, published and declared by EARL G. GARY, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written.
WILLARD C. BEST
379 S. Main Street
Geneva, New York 14456
DEBORAH G. SCHOEN
91 State Route 318
Phelps, New York 14532