The opinion of the court was delivered by O'BRIEN, J.S.C., Temporarily Assigned.
The sole issue involved in this appeal is whether, in light of the facts in the case, a witness properly subscribed her name to a will "in the presence of the testator."
On April 20, 1971 Dr. Eugene J. Politowicz signed a self-made will on a coffee table in the living room of his home, as did the first subscribing witness, Florentine Scotese. The second subscribing witness, Mary...
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