Legal Opinion

In re the Estate of Zuracino

New York Surrogate's Court

Decided October 19, 1990Published

1Opinion of the Court

OPINION OF THE COURT

C. Raymond Radican, J.

In this probate proceeding, it appears that the three attesting witnesses to the decedent’s last will and testament failed to sign the will in the space provided following the attestation clause and merely printed their names thereon and then properly signed simultaneously with the execution of the will the so-called self-proving affidavit. The question is raised as to whether or not this execution comports with the requirements of the Statute of Wills (EPTL 3-2.1).

While not directly on point, the “notary cases”, i.e., those wherein a proposed…

2Cases cited5 opinions

  1. In re the Probate of the Will of DouglasNew York Surrogate's Court · 1948
  2. In re the Probate of the Will of RyanNew York Surrogate's Court · 1958
  3. In re the Estate of DupinNew York Surrogate's Court · 1962
  4. In re the Estate of TookerAppellate Division of the Supreme Court of the State of New York · 1964
  5. In re the Estate of KatzNew York Surrogate's Court · 1985

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