In re the Estate of Bernatowicz

Balio, J. (dissenting).

I respectfully dissent. The Surrogate found that the testator did not ask for assistance in signing his *839purported last will and testament and that, based upon the substantial difference in the manner and quality of the testator’s handwriting after Sherry Callara physically assisted in the signing, she did more than steady his hand, and that she controlled the movement of his hand. Thus, the court concluded that the proposed last will and testament had not been duly executed.

EPTL 3-2.1 (a) (1) requires that the testator execute a will by signing it or by having another…