Estate of Morea case brief

Estate of Morea case brief summary
645 N.Y.S.2d 1022 (1996)

CASE SYNOPSIS

A decedent's executor filed an uncontested action to probate a will.

CASE FACTS
The court was faced with the issue of whether a bequest to the decedent's friend was void under N.Y. Est. Powers & Trusts Law § 3-3.2 in light of the fact that the friend was one of the three attesting witnesses and that decedent's son, whose legacy under the will was less than his intestate share as one of decedent's six surviving children, was also one of the attesting witnesses. The third attesting witness did not receive any disposition or appointment under the will. 

DISCUSSION

• The court held that the decendent's son did not forfeit his legacy as a result of being both an attesting witness and a beneficiary because N.Y. Est. Powers & Trusts Law § 3-3.2(a)(3) permitted him, as a distributee, to receive the lesser of his intestate share or his legacy under the will. 
• The court held that the disposition to the decedent's friend was not invalid under N.Y. Est. Powers & Trusts Law § 3-3.2(a)(1) because there were at least two other witnesses to the will who received no beneficial disposition thereunder.

CONCLUSION
The court admitted the will to probate. The court held that the decedent's friend, who was an attesting witness, was entitled to his disposition under the will because there were at least two other witnesses to the will who received no beneficial disposition thereunder.

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