In re the Estate of Bernatowicz

Order reversed on the law without costs, petition reinstated and matter remitted to Orleans County Surrogate’s Court for further proceedings on petition. Memorandum: We conclude that Surrogate’s Court erred in refusing to admit the will of decedent on the ground that proponent failed to demonstrate due execution of the will. The record shows that decedent, who was very ill, attempted to sign his name to his will, but had difficulty doing so. When, after several attempts, decedent continued to experience difficulty, decedent’s counsel advised proponent that she could aid decedent by steadying…