In re the Estate of King

S. Samuel Di Falco, S.

In a decision (N. Y. L. J., Feb. 11, 1971, p. 18, col. 3) this court held in abeyance a motion for summary judgment asking for a preliminary determination pursuant to EPTL 3-3.2 (subd. [a], par. [1]) that the residuary bequest in the will to the attorney-draftsman fails and passes as intestate property because at the time of execution and attestation there were not two other attesting witnesses to the will offered for probate ‘ ‘ who receive no beneficial disposition or appointment thereunder ’ ’ in the language of the statute.

The prior decision of this court sets forth…