In re the Estate of Corrato

OPINION OF THE COURT

Lee L. Holzman, J.

The issue in this probate proceeding is whether decedent, who could neither read nor write, executed her will in accordance with the requirements of EPTL 3-2.1. The two attesting witnesses, an attorney and his wife, testified pursuant to SCPA 1404. Decedent executed the will by placing her "X” mark on the signature line. The attorney, based upon a belief that the "X” mark required clarification, added to the signature line the words "her mark” and then signed decedent’s name.

Counsel’s intentions were noble. Unfortunately, the method *188he used to carry out…