Surrogate’s Court of New York
645 N.Y.S.2d 1022 (1996)
George Buonaroba, a friend of the decedent and a beneficiary under his will, was an attesting witness to decedent’s will, along with Kevin, decedent’s son, and a third witness. Kevin was a beneficiary under the will, but the third witness was neither a beneficiary nor an appointee under the will. Kevin’s bequest under the will, however, was less than the amount he would have received if his father had died intestate. Pursuant to N.Y. Estates, Powers & Trust Law (EPTL) §3-3.2, a bequest to an attesting witness who is a beneficiary under the will is void unless there are at least two other witnesses “who receive no beneficial disposition or appointment thereunder.” Kevin, like Buonaroba, is a beneficiary under the will and an attesting witness, and does not face forfeiture of his inheritance because, as the decedent’s son, he is also a distributee of the decedent. Indeed, Kevin’s bequest under the will is less than what he would inherit if his father had been intestate. Accordingly, the question came before the Surrogate’s Court in an uncontested probate proceeding whether the bequest to George Buonaroba is void under N.Y. Estates, Powers & Trust Law (EPTL) §3-3.2.
Rule of Law
Holding and Reasoning (Holzman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.