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Estate of Morea

Surrogate's Court of New York

645 N.Y.S.2d 1022 (1996)

Relevant factsFree

The decedent's will was attested by three witnesses: Buonaroba, a beneficiary; the decedent's son Kevin, also a beneficiary but one who would inherit even more through intestacy than his actual bequest under the will; and a third witness with no beneficial interest at all, raising the question whether Buonaroba's bequest was void given that only one of the other two witnesses (the third witness) was truly disinterested.

IssueFree

Whether a bequest to a beneficiary witness is void under N.Y. Estates, Powers & Trust Law Section 3-3.2 where there are two other attesting witnesses who stand to receive no beneficial interest under the will.

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