In re the Estate of Zaharis

Weiss, J. (dissenting).

I respectfully dissent. In my view, upon consideration of the unique circumstances of this case, the subject instrument has been executed so as to entitle it be considered in compliance with the requirements of EPTL 3-2.1. It is clear, as the majority notes, that the statutory requirements should not be “frittered away” by exception, but, by the same token, neither should this court raise form above substance in order to destroy a will (see Matter of Field, 204 NY 448, 457). In construing a document offered for probate, we look not to the “physical end”, but to its…