MATTER OF THE ESTATE OF COLLINS
458 N.E.2d 797 (1983)
NATURE OF THE CASE: This was a dispute over proof of the formalities of will execution.
It was an appeal from the admission of a will to probate.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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