Alexander v. Union Rescue Mission

Opinion

VOGEL (MIRIAM A.), J.

In 1983, the Legislature eliminated the requirement that witnesses to the execution of a will had to sign the will in the *909testator’s presence. The question in this case is whether the Legislature nevertheless meant to prohibit a postdeath attestation necessitated by a witness’s concededly inadvertent failure to sign a will at the time it was executed. We conclude that, had the Legislature intended a temporal limit, it would have said so and that, at least on the facts of this case, a postdeath attestation is proper.

Facts

Cleopatra Eugene and Barbara Eugene, spinster…