Estate of Mary F. Michalec a/k/a Mary Frances Michalec

Estate of Mary F. Michalec a/k/a Mary Frances Michalec PROBATE CITATION File No. 2025-2282 SURROGATE'S COURT – MONROE COUNTY SUPPLEMENTAL CITATION THE PEOPLE OF THE STATE OF NEW YORK, By the Grace of God Free and Independent TO: Jeanne Tellier Unknown Joan Tousley Unknown A petition having been duly filed by Janet E. Carr, who is domiciled at: 1417 Rice Road, Himrod, NY 14842 YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate's Court, Monroe County, at 99 Exchange Boulevard # 533, Rochester, NY 14614 on December 4, 2025, at 9:30 o'clock in the a.m. of that day, why a decree should not be made in the Estate of Mary F. Michalec a/k/a Mary Frances Michalec, lately domiciled at 4646 Nine Mile Point Road, Fairport, NY 14450, admitting to probate a Will dated May 24, 2018, a copy of which is attached, as the Will of Mary F. Michalec a/k/a Mary Frances Michalec deceased, relating to real and personal property, and directing that [X] Letters Testamentary issue to: Janet E. Carr [ ] Letters of Trusteeship issue to: [ ] Letters of Administration issue to: Dated, Attested and Sealed HON. Christopher S. Ciaccio Surrogate October 24, 2025 s/ Mark L. Annunziata ______________________________________ Chief Clerk Mark L. Annunziata Scott P. Falvey 585-394-3410 Attorney for Petitioner Telephone Number 66 North Main Street, Canandaigua, New York 14424 Address of Attorney [NOTE: This citation is served upon you as required by law. You are not required to appear. If you fail to appear it will be assumed you do not object to the relief requested. You have a right to have an attorney appear for you.] P-5 (10/96) LAST WILL AND TESTAMENT OF MARY F. MICHALEC I, MARY F. MICHALEC, residing at 1231 Rockhaven Beach Road, in the Town of Torrey, County of Yates and State of New York, do hereby make, publish and declare this to be my Last Will and Testament. FIRST: I hereby revoke all Wills and Codicils by me at any time heretofore made. SECOND: I direct that all my just debts and funeral expenses be paid as soon as practicable after my decease. I further direct that all estate taxes and any other death taxes and any interest or penalties thereon, levied against any property which is included in my taxable estate for federal estate tax, state estate tax or like tax purposes, whether such property passes or has passed under or outside of my Will at or prior to my death, shall be paid out of the residue of my estate without apportionment among any of the separate beneficiaries of my taxable estate, including my residuary beneficiaries. THIRD: All the rest, residue and remainder of my property, both real and personal, of whatsoever kind and nature, and wheresoever situate, I give, devise and bequeath in equal shares to my friend, MARY PAT PENNELL, II and my friend, JANET E. CARR; or all to the survivor thereof. FOURTH: Any person who shall die at the same time as I or within thirty (30) days of my death shall be deemed to have predeceased me. FIFTH: I hereby appoint my friend, JANET E. CARR, as executor of my Will, to serve without bond. If for any reason my friend, JANET E. CARR shall be unwilling or unable to serve or shall cease to act after appointment, I appoint my niece-in-law, ANN MEYER WILBER, as alternate or substitute executor of my Will, to serve without bond. SIXTH: Unless otherwise limited by other provisions in this Will, I authorize my Executor serving under this Will, in his or her absolute discretion, with respect to any property, real or personal, left by me or at any time held or acquired by my Executor (including accumulated income), without authorization by any court and in addition to any other powers my Executor may otherwise possess by law: a.) To retain the same for such periods of time as they shall deem advisable; b.) To sell or otherwise dispose of the same at such times, in such amount, for cash or on credit, and upon such terms and conditions, as they shall deem advisable; c.) To invest in such bonds, preferred or common stocks, mortgages or other property, real or personal, without regard to any law concerning the investment of trust funds, or to hold any part of my estate un-invested, all as they shall deem advisable; d.) To manage, lease, mortgage or partition any real or personal property or any interest therein upon such terms and conditions as they shall deem advisable; e.) To exercise or dispose of any or all options, privileges or rights, whether to vote, by discretionary proxy or otherwise, or to assent, subscribe or convert of any other nature; f.) To adjust, compromise and settle or refer to arbitration any claim in favor or against my estate; g.) To borrow money from themselves or any other party, whether for the purpose of raising funds to pay taxes or otherwise, and to give or not to give security therefore, all upon such terms and for such periods as they shall deem advisable; h.) To make any division or distribution of property in kind or otherwise, and to allot any property, including an undivided interest therein, to any share whether or not the same kind of property is allotted to other shares; i.) To employ and to pay the compensation of agents, accountants, custodians, experts and counsel, legal or investment, as they shall deem advisable; j.) To disclaim any interest in property passing to or for my benefit, in whole or in part; and k.) Generally, to exercise all such rights and powers, and to do all such acts, and to enter into all such agreements, as persons owning similar property in their own right might lawfully exercise, do or enter into. IN WITNESS WHEREOF, I hereafter sign my name, and publish and declare this to be my Last Will and Testament, in the presence of the persons witnessing it at my request, this 24 day of May, 2018. s/ Mary F. Michalec ________________________ MARY F. MICHALEC On the date last above written, MARY F. MICHALEC, known to us to be the person whose signature appears at the end of this Will, declared to us, the undersigned, that the foregoing instrument, consisting of 2 pages, was her Will. She signed this Will in our presence, and at her request in her presence, and in the presence of each other, we now sign our names as witnesses. s/ Scott P. Falvey __________________________ residing at 894 Lovejoy Road Scott P. Falvey Penn Yan, New York 14527 s/ W. Patrick Falvey _________________________ residing at 203 Route 54, East Lake Road W. Patrick Falvey Penn Yan, NY 14527 SELF-PROVING AFFIDAVIT STATE OF NEW YORK) COUNTY OF YATES) ss.: Scott P. Falvey and W. Patrick Falvey, each being duly sworn, depose and say that they witnessed the execution of the attached will of MARY F. MICHALEC, the within-named Testator, on this 24th day of May, 2018; that said instrument was executed at Penn Yan, New York, under the supervision of Scott P. Falvey, an attorney at law with offices at 66 North Main Street, Canandaigua, New York; that deponents make this affidavit at the request of the Testator; that said Testator, in their presence, subscribed her name to said will at the end thereof and at the time of the making of such subscription declared the instrument so subscribed by her to be her will; that each and all of the deponents, at the request of said Testator and in her sight and presence and in the sight and presence of each other, thereupon witnessed the execution of said will by the said Testator by subscribing their names as witnesses thereto; that said Testator at the time of the execution of said will was upwards of eighteen years of age and in the opinion of each and all of the deponents was of sound mind, memory and understanding and not under any restraint or in any respect incompetent to make a will; that said Testator could read, write and converse in the English language and was not suffering from any defect in sight, hearing or speech or from any physical or mental impairment which would affect her capacity to make a will; and that the Testator signed only one copy of the said will on said occasion. s/ Scott P. Falvey _____________________ Witness – Scott P. Falvey s/ W. Patrick Falvey ______________________ Witness – W. Patrick Falvey Subscribed and sworn to before me this 24th day of May, 2018 s/Suzanne G. Falvey ________________________________ Notary Public November 5, 12 2025 LNYS0400564