In re the Estate of Keane

OPINION OF THE COURT

John D. Bennett, S.

This is an application for probate by a son of the decedent. The petition alleges that a series of attempts have been made to locate the three witnesses to the will. An affidavit of due diligence has shown that all these efforts have proven fruitless. The will itself distributes the estate into three equal parts to the decedent’s children. Pursuant to SCPA 1405 (subd 4): "If all of the attesting witnesses are dead or incompetent or unable to testify by reason of physical or mental condition or are absent from the state and their testimony has been…