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MATTER OF YENEI

132 A.D.2d 870 (1987)

In the Matter of The Estate of Alexander Yenei, Deceased. Estella Alvord, Respondent; Irene Baldesweiler et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 23, 1987

Mikoll, J.

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...

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