In re Will of Elizabeth Bethel Maset, Deceased
New York Surrogate’s Court
25 Misc. 3d 1229 (2009)
- Written by Melissa Hammond, JD
Facts
Elizabeth Bethel Maset (decedent) died on June 19, 2009, survived by her two daughters, Alicia and Renee Maset. Elizabeth left a will that provided a specific bequest of all her jewelry to Alicia and $1,500 bequests to Matthew Riddick, Frank Gibbs, and Renee. The entire residuary was left to Alicia. Patricia Polhemus was named executrix of the estate. The will was witnessed by Riddick, Alicia, and Polhemus, each submitting a self-proving affidavit pursuant to New York Surrogate’s Court Procedure Act § 1406. The matter was before the court for an uncontested probate proceeding on the issues of whether the dispositions to Riddick and Alicia were void because Riddick and Alicia were two of the three attesting witnesses and whether Polhemus was disqualified from being executrix because she also served as a witness.
Rule of Law
Issue
Holding and Reasoning (Pagones, J.)
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