Matter Of The Estate Of Collins

458 N.E.2d 797 (1983)

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Nature of the Case

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Facts

A will was requested to be admitted to probate. Five witnesses were produced, and the actual will was also produced. Those who witnessed the will had no recollection of the circumstances under which it was executed. Based on this faulty memory, respondents moved that the will not be probated. The court denied that motion and ruled that despite faulty memories, due execution could be established based on the attestation clause, the genuineness of the three signatures and the testimony of the physician regarding the mental competency of his then patient. This appeal was taken. The Appellate Division reversed and dismissed holding that at least one of the attesting witnesses must confirm that the testatrix signed the instrument and intended that it was her will.