MATTER OF ROBERTS


215 A.D.2d 666 (1995)

628 N.Y.S.2d 500

In the Matter of The Estate of Donald T. Roberts, Deceased. Lee E. Roberts, Respondent; Dana Roberts et al., Appellants

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

May 22, 1995


Ordered that the decree is reversed, on the law, with costs payable by the respondent personally, and probate is denied.

There was no evidence of a meeting of the minds between the testator and the attesting witnesses that the instrument they were being asked to sign as witnesses was testamentary in character (see, EPTL 3-2.1 [a] [3]; see also, Matter of Pulvermacher, 305 N.Y. 378, 383; Matter of Turell,...

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