In re the Estate of Fracht

OPINION OF THE COURT

Bertram R. Gelfand, S.

In this probate proceeding, two of the three attesting witnesses to the propounded instrument are named in the instrument as primary beneficiaries. The third witness is a sister who is a contingent beneficiary. A citation was issued to the interested parties to show cause why the court should not determine who, pursuant to EPTL 3-3.2, is entitled to the dispositions contained in the instrument in favor of the attesting witnesses.

*666Although in the majority of cases, the question of whether a disposition to an attesting witness is void is left for…