Matter of Estate of Peters

The opinion of the Court was delivered by

HANDLER, J.

This case requires our determination of whether a will can be admitted to probate despite the fact that it lacked the signatures of two witnesses, as prescribed by the statute, N.J.S.A. 3B:3-2, governing the formal requirements for the execution of a will. The Superior Court, Law Division, ordered that the will be probated, despite the absence of the signatures of witnesses; it held that under the circumstances allowing a witness to sign was a proper exercise of its equitable powers. The Appellate Division reversed, ruling that literal…