In re the Estate of Williams

OPINION OF THE COURT

Lee L. Holzman, J.

The issue presented in this probate proceeding is whether EPTL 3-3.2 (a) (1), which voids a bequest to an attesting witness unless there are at least two other attesting witnesses who receive no disposition under the will, compels the court, on public policy grounds, to reject a settlement admitting to probate a will executed in Pennsylvania on July 21, 1989, leaving the entire estate to a married couple who also acted as the only two attesting witnesses to the will. EPTL 3-5.1 (c) (2) provides that a written will signed by the testator and validly…