In re the Estate of Morea

OPINION OF THE COURT

Lee L. Holzman, J.

In this uncontested proceeding to probate a will dated *416December 2, 1991, the issue presented is whether the bequest to decedent’s friend George Buonaroba is void under EPTL 3-3.2 in light of the fact that he was one of the three attesting witnesses and that decedent’s son Kevin, whose legacy under the will is less than his intestate share as one of decedent’s six surviving children, was also one of the attesting witnesses. The third attesting witness does not receive any disposition or appointment under the will.

EPTL 3-3.2 (a) (1) provides that an…