In re the Estate of Levy

Appeal from an order of the Surrogate’s Court of Sullivan County (Fromer, S.), entered April 9, 1990, which, inter alia, granted respondents’ cross motion to deny probate of an instrument purporting to be a codicil of decedent’s will.

The primary question presented on this appeal is whether Surrogate’s Court properly granted respondents’ cross motion for summary judgment denying probate of a purported codicil to decedent’s will on the ground that the codicil was not executed in conformity with the requirements of EPTL 3-2.1 (a) (2). The question is answered in the affirmative and the order of…