In re the Probate of the Will of Levine

Rubenstein, S.

In this contested probate proceeding, the court determines that the propounded instrument was not executed as required by section 21 of the Decedent Estate Law. This'statute requires by subdivision 2 thereof, that decedent’s subscription of the instrument shall be made in the presence of each of the attesting witnesses or shall be acknowledged by him to have been so made to each of such witnesses. By subdivision 3 thereof, the statute requires the decedent to declare that the instrument subscribed by him was his last will and testament. Compliance with only one of these…