Legal Opinion

In re Marsloe

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 2011Published

1Opinion of the Court

Insofar as is pertinent herein, EPTL 3-3.2 provides as follows:

“(a) An attesting witness to a will to whom a beneficial disposition or appointment of property is made is a competent witness and compellable to testify respecting the execution of such will as if no such disposition or appointment had been made, subject to the following:
“(1) Any such disposition or appointment made to an attesting witness is void unless there are, at the time of execution and attestation, at least two other attesting witnesses to the will who receive no beneficial disposition or appointment thereunder.”

The…

2Cases cited3 opinions

  1. Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
  2. In re the Estate of FrachtNew York Surrogate's Court · 1978
  3. In re the Probate of the Will of BittermanNew York Surrogate's Court · 1952

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