In re the Estate Ehrlich

SKILLMAN, J.A.D.

(retired and temporarily assigned on recall), dissenting.

I do not believe that N.J.S.A. 3B:3-3 can be reasonably construed to authorize the admission to probate of an unexecuted will. Therefore, I dissent.

By its plain terms, N.J.S.A. 3B:3-3 only allows the admission to probate of a defectively executed will, not an unexecuted will. N.J.S.A. 3B:3-3 provides that if “a document ... was not executed in compliance with N.J.S.A. 3B:3-2,” it may nonetheless be “treated as if it had been executed in compliance with N.J.S.A. 3B:3-2 if the proponent ... establishes by clear and…