In re Will of Ranney

Russell Ranney signed his will's fourth page in front of his wife Betty (objector), two witnesses, and a notary; immediately afterward, the witnesses and notary signed a self-proving affidavit on the fifth page confirming the will's execution. But that affidavit followed the wrong statutory form — one meant to be a separate document signed after a will's valid execution, rather than the form that integrates the will's own attestation clause into the affidavit itself. As a result, the witnesses only ever signed the affidavit, never the will itself, as the statute technically requires. The will left the estate residue in trust benefiting Betty, Russell's attorney, and his son-in-law Henry Bass (proponent), with specified income shares to Betty, his children Harland Ranney and Suzanne Bass (proponents), and Betty's daughter, plus a life estate to Betty in certain real property ultimately passing to the Ranney School. When Harland, Suzanne, Henry, and the Ranney School sought probate, Betty objected that the witnesses never actually signed the will. The Surrogate Court admitted the will to probate, and the Appellate Division affirmed, treating the affidavit signatures as signatures on the will.