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Matter of Yenei

Appellate Division of the Supreme Court of New York, Third Department
Jul 23, 1987
132 A.D.2d 870 (N.Y. App. Div. 1987)

Opinion

July 23, 1987

Appeal from the Surrogate's Court of Tompkins County (Barrett, S.).


Respondents contend that the document offered for probate as the last will and testament of decedent was improperly admitted to probate in that decedent failed to declare to each of the attesting witnesses that the instrument to which he was affixing his signature was his last will and testament (EPTL 3-2.1 [a] [3]). The determination of Surrogate's Court must be sustained. The record contains sufficient evidence of publication of the will by decedent. The witnesses to the will attested to decedent's declaration of the instrument as his will. The testifying witness had typed the will and gave it to decedent to read and review when he came to her employer's office to sign it. She was then asked to witness the will and decedent declared that she was acceptable as a witness for this purpose.

The attestation clause raised the presumption of due execution. The other circumstances attendant on its signing are also indicative of its due execution (see, Matter of Collins, 60 N.Y.2d 466, 471).

Order affirmed, with costs. Kane, J.P., Main, Casey, Weiss and Mikoll, JJ., concur.


Summaries of

Matter of Yenei

Appellate Division of the Supreme Court of New York, Third Department
Jul 23, 1987
132 A.D.2d 870 (N.Y. App. Div. 1987)
Case details for

Matter of Yenei

Case Details

Full title:In the Matter of the Estate of ALEXANDER YENEI, Deceased. ESTELLA ALVORD…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 23, 1987

Citations

132 A.D.2d 870 (N.Y. App. Div. 1987)

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