Form 45 Notice of Application

Form 45

Probate District: Halifax, NS Probate Court File No: 54262

IN THE COURT OF PROBATE FOR NOVA SCOTIA IN THE ESTATE OF MARY ELLEN THIBEAULT, Deceased IRemoval of Executorl Notice of Application (S. 64(3)(a))
The applicants Gregory Oldfield, Elizabeth Herritt, Catheri 1v, R mond Ivany, Phyllis Brunt, Sharon Mahoney and Peter Halleran have applied to the 1gtfTro1ate Court,Probate Court of Nova Scotia, at the Probate District of Halifax, 1815 Upper Water Street, Halifax, Nova Scotia, B3J 1 S7 for removal of the Executor Peter Kelly to be heard on at ?: 30

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The affidavit of Gregory Oldfield, Elizabeth Herritt, Catherine Ivany, Raymond Ivany, Phyllis Brunt, Sharon Mahoney and Peter Halleran in Form 46, a copy of which is attached to this Notice of Application, is filed in support of this application. Other materials may be filed and will be delivered to you or your lawyer before the hearing.

NOTICE:
If you contest any part of the application you must complete and file a notice of objection in Form 47 with the court. and then serve the notice of objection on the applicant and the personal representative.

If you do not file and serve a notice of objection you will not be entitled to any notice of further proceedings and you may only make representations at the hearing with the permission of the registrar or judge. If you do not come to the hearing in person or as represented by your lawyer, the court may give the applicant what they want in your absence. You will be bound by any order the court makes. Therefore, if you contest any part of this application, you or your lawyer must file and serve a notice of objection in form 47 and come to the hearing.

_ $iure of appi icant

Name: ompTete address: Telephone: Fax: E-mail:

Gregory Oldfield 3037 Connaught Avenue, Halifax, NS B3L 3A6 (902) 455 1707
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n/a nia

Form 46 Probate District:1-lalifax, NS Probate Court File No54262

IN THE COURT OF PROBATE FOR NOVA SCOTIA

IN THE ESTATE OF MARY ELLEN THIBEAULT, Deceased

[Removal of Executorl Affidavit (S. 64(3)(b))

We, Greg Oldfield of 3037 Connaught Avenue, Halifax, NS B3L 3A6, Elizabeth Herritt of 401

3700 John Parr Drive. Halifax, NS 83K 5V4,

Catherine Ivany of 293 Skyridge Avenue, Lower Sackville, NS B4C 3C8, Raymond Ivany of 293 Skyridge Avenue, Lower Sackville, NS B4C 3C8, Phyllis Brunt of 117 Hubley Mill Lake Road, Upper Tantallon, NS B3Z 1E8,

make oath and say: 1, We are persons interested in this estate because we are beneficiaries. 2. The following is a list of the other persons interested in this estate as defined in subsection 63(1) of the Probate Court Practice, Procedure and Forms Regulations: Sharon Mahoney Peter Kalleran
Ann Levy (status unknown)

Fabian Halleran (deceased Edward Brunt (deceased) Yvonne Comeau (predeceased testatrix) Patricia Richardson Peter Kelly Canadian Heart Foundation Canadian Cancer Society Canadian Diabetic Society Canadian National Institute for the Blind (Nova Scotia) Salvation Army (USA Branch)

3.

The facts on which this application is based are that Mary E. Thibeaults body was found on December 7, 2004 as per State of Florida Death Certificate B 1156439. Peter Kelly was named to be Executor as well as beneficiary in Mary E. Thibeaults Will. As of this date, June 18, 2012 the Estate of Mary E. Thibeault has not been settled. The amount of time passed as well as the date of destruction of the bank records looming in August 2012 are of the utmost concern to the beneficiaries. We believe that Peter Kelly has not acted in the best interest of the estate and this lack of effort on his part shows disprespect for Mary E. Thibeaults final wishes. We beneficiaries have great concerns regarding the accounting of this estate. We feel we have been more than patient and that the continual procrastination by the Executor is going to make it next to impossible for true accounting of the estate. The constant procrastination of the Executor and our concerns regarding the accounting of the estate leaves us no alternative but to seek removal of Executor Peter Kelly. We are asking the Probate Court to exercise whatever means there are to prevent the destruction of the bank records as we believe they are critical to the settling of the Estate. We are applying for the removal of Peter Kelly as Executor because:

a.) Time

Testatrixs date of death as per State of Florida Death Certificate # 131 156439 was December 7,2004. It is now June 18, 2012 and Estate still not settled. (Exhibit I & II)
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b. Lack of Reporting to the beneficiaries

Despite numerous requests to Executor Peter

Kelly, information either not provided or mistruths told. (Exhibit I & 1112

P.
c.) Inventory itemized list of inventory not provided as required by the Probate Act; only a summary provided after a Court Order was issued (Exhibits I IV)

d.) Wilful default Mobile in Florida loss of testatrixs mobile in Florida due to non payment; owner of Trailer park had to go to Court to obtain possession (Exhibit I & III, pages 2 & 3)

e.) Cheques to Executor ($l00.000) & his son ($15,000) written by Executor and presented to the bank (Exhibits I, V. pages 4 & 5 & VII) f.) Cheques written to Executor cheque #64 for $10,000 and cheque 181 for $30,000 (Exhibit V, page 19 and page 25)

g.) Cheques to Executor or to cash (Exhibit VI

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page 17, cheque dated May 12/06 $5,000 described as 1/5,

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page 18, cheque dated May 12/06 $5,000 described as 2/5,

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page 19, cheque dated May 10/06 described as 3/5, page 20, cheque written for cash June 28/06 $3423.60 described as trailer rent page 21, cheque dated September 13/06 $5,000 described as what looks to be 5/6
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page 22, cheque dated November 7/06 $5,000 described as 5/5

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page 23, cheque dated November 18/07 $3,000 described as trailer rent $2,571.29 US Funds
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h.) No communication at all regarding lot of land in Keamey Lake, N.S, The Executor made a statement to a newspaper reporter of The Coast in the article Peter Kellys Failure of WilI dated March 242011 that the land was going to be donated as a park. None of we beneficiaries have been notified of anything regarding the land, (Exhibit VII, pages 5 & 6)

I.) Mistruths

re heneticiary Ann Levey when the Executor Peter Kelly was making some attempts towards communication with the beneficiaries, he informed Cathy Ivany and Sharon Mahoney verbally that he had been speaking with beneficiary Ann Levey. Peter Kelly said that Ann Levey told him she did not know a Mary Thibeault and did not want the money. Peter Kelly further told Cathy Ivany and Sharon Mahoney verbally that he had to make a trip to the States to have her sign the necessary forms verifying what she told him. Since Peter Kelly hired Lawyer Harry Thompson. he directed Harry Thompson to request individual beneficiary lawyer Lloyd Robbins to ask the beneficiaries when Fabian Halleran died as well as the date of death for Ann Levey. Lloyd Robbins contacted Elizabeth Herritt and she gave him Fabian Hallerans date of death but the response regarding Ann Levey was that it was only Peter Kelly that was supposed to have been in contact with her. None of the beneficiaries were in any contact with an Ann Levey.

re mobile in Florida Harry Thompsons letter to Lloyd Robbins dated June 22, 2011, # 5 states that Peter Kelly verbally offered the mobile home to the Personal beneficiaries named in Ms.Thibeaults Will, but no one expressed an interest in acquiring same. This is not the truth. We were not contacted by Peter Kelly regarding buying the mobile. (Exhibit VIII)
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j.)

Did not meet conditions of 53 (1) of the Probate Act

k.) Beneficiaries Fabian Halleran and Edward Brunt died waiting for the Estate to be settled. Fabian Hallerans date of death was July 21, 2005 and Edward Brunfs date of death was October 21, 2010.

1.) Conflict of interest re Estate Lawyer as estate lawyer and personal lawyer for Peter Kelly is one and the same, Harry Thompson. It is our understanding that Harry Thompson cannot represent both the Estate and the Executor Peter Kelly who is a beneficiary as well. m.) No mention in any communications with Executor Peter Kelly or his series of 3 lawyers Wayne Anstey. Stephen Boyce or Harry Thompson of Social Security payments to Mary Thibeault or if the IRS has been contacted regarding taxes she may owe or any over payment she may have received.

Sworn before me at

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in the Count of 1/ Province of Nova Scotia, on 2O

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Signatur f deponent

A Barrister of the S preme Court of Nova Scotia, ) Commissioner of Oaths in and for the Province of ) Nova Scotia, Notary Public in and for the Province of Nova Scotia.

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A Commissioner of the Supreme Court of Nova Scotia

GREGORY L. MASON

Y Signature of deponent

Signatur of deponent
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Sijire of deponent

tfn Reqistrar of Probate Court Ms. Cora Jacquernin Re: File # 54262

June 18, 2012

Dear Ms. Cora Jacquenin,

Please accept this letter as my support for my fellow individual beneficiaries n their Application for Removal of Peter Kelly as the Executor in the Estate of Mary E Thibeault, I am fully aware of the contents of the Applkation and the Affidavit and fully agree with the contents as stated and submitted to Probate Court ly my fetlw irdividual be fiaris that are makij tht AILtoit.

Since tIme is of the essence in tHing the Application for Removal of Executor Peter Kelly, logistically I cannot have an affidavit completed to provide to Probate Court in a timely manner.
Thiz i ih rra nri

I am nding

ycai th ttcr of ipiort.

As an indMdual beneficiary, I believe we have given

Peter Kelly every opportunity to perform

his duties as Executor for the Estate of Mary E, Thibeault and due to his continued procrastination and questionable actions he has left us no alternative but to pursue his removaL Please do not hesitate to contact me if you have any questions or concerns via my contact
nfrrntior, through fcflow b
cf rc Lhtbth

Icrritt r O OkifihJ

Respectfully submitted,

Peter Halleran

Atn: Registrar of Probate Court Ms Cora Jacquemin P:

File

54262

Jtrne 18, 2012

Dear Ms. Cora Jacquemin,

Please accept this letter as my support for my fellow individual beneficiaries in their Application
for Removal of Peter Kelly as the Executor in the Estate of Mary E. Thibeault. I am fully aware of the contents of the Application and the Affidavit and fully agree with the contents as stated and submitted to Probate Court by my fellow individual beneficiaries that are making the Application. Since time is of the essence in filing the Application for Removal of Executor Peter Kelly 7 logistically I cannot have an affidavit completed to provide to Probate Court in a timely manner. This is the reason I am sending you this letter of support. As an indMdual beneficiary, I believe we have given Peter Kelly every opportunity to perform his duties as Executor for the Estate of Mary E. Thibeauft and due to his continued procrastination and questionable actions he has left us no alternative but to pursue his removaL Please do not hesitate to contact me if you have any questions or concerns via my contact information through fellow beneficiaries Elizabeth Hen-itt or Greg Oldfleld.

Respectftslly submitted,

Sharon Mahoney