MATTER OF BUCKTEN


178 A.D.2d 981 (1991)

In the Matter of The Estate of Clara E. Buckten, Deceased

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

December 26, 1991


Order unanimously reversed on the law and facts without costs and amended petition granted.

Memorandum:

Following a trial in this proceeding for the probate of a will, the Surrogate concluded that proponent failed to demonstrate due execution of the will because there was no credible evidence that the decedent requested the witnesses to sign (see, EPTL 3-2.1 [a] [4]). Although the decedent did not express a request that either witness sign, such a request...

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