In re the Estate of Rimerman
139 Misc.2d 506, 1988 N.Y. Misc. LEXIS 184, 527 N.Y.S.2d 359 (1988)
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Rule of Law:
The 30-day period for the completion of a will attestation ceremony, as prescribed by New York's EPTL 3-2.1(a)(4), commences on the date the testator's signature is attested by the first witness, not on the date the testator physically signed the will.
Facts:
- On March 31, 1987, the proponent delivered a will and instructions for its execution from a law firm to the decedent.
- The will instrument was dated May 5, 1987.
- Sometime between March 31, 1987 and the end of May 1987, the decedent signed the will.
- In May 1987, after she had signed the will, the decedent acknowledged her signature to a first attesting witness, who then signed the will.
- Also in May 1987, the decedent acknowledged her signature to a second attesting witness, who then also signed the will.
- On the Saturday before Memorial Day in 1987, the decedent returned the executed will to the proponent.
- The decedent died on August 1, 1987.
Procedural Posture:
- The proponent of the decedent's will initiated an uncontested probate proceeding in the Surrogate's Court.
- After the two attesting witnesses provided depositions, their statements raised serious questions regarding the timing and validity of the will's execution.
- Due to the concerns about due execution, the court referred the matter for an evidentiary hearing to take further testimony.
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Issue:
Does the 30-day period for completing a will attestation ceremony under New York's EPTL 3-2.1(a)(4) commence on the date the testator signs the will, rather than on the date the first witness attests to the signature?
Opinions:
Majority - Lee L. Holzman, J.
No. The 30-day period for the attestation of a will under EPTL 3-2.1(a)(4) commences on the date of the first witness's attestation, not the date of the testator's signature. A literal reading of the statute shows that it requires the two attesting witnesses to attest to the signature within a 30-day period relative to each other, but it does not require that this attestation occur within 30 days of the testator's own act of signing. The legislative history confirms this interpretation. A prior, ambiguous version of the law was repealed and replaced with the current language specifically to resolve whether the period runs from the time of the testator's signature or the time of the acknowledgment. By removing the word "execution" from the 30-day requirement, the Legislature intended to make the date the testator signed the will exempt from the 30-day period calculation. Therefore, even if the decedent signed the will as early as March 31, the will is valid because both witnesses attested to her signature within the same month of May, well within the 30-day statutory period.
Analysis:
This decision provides a crucial clarification of New York's will execution formalities under EPTL 3-2.1(a)(4). It establishes a clear starting point for the 30-day attestation period, resolving an ambiguity that could have invalidated many wills. The ruling provides flexibility for testators who may sign a will and subsequently arrange for witness attestations, confirming that the key temporal relationship is between the two witnesses, not between the testator's signature and the witnesses. This interpretation prevents the invalidation of wills on a technicality and reinforces the legislative intent to create a clear, workable rule, though the court also warns against the practice of self-supervised will executions.
