Surrogate Nelida Malave-Gonzalez
The executor of decedent’s son-in-law’s estate, the sole residuary beneficiary under the instant propounded instrument, was granted temporary letters of administration. Cross-petitioner sought to probate decedent’s will, and requested that no effect be given to various handwritten alterations contained in the instrument. The instrument consisted of seven typewritten pages , bore signatures of two witness and contained an attestation clause to which an affidavit of attesting witnesses was appended. Paragraph THIRD (A) contained 29 pre-residuary bequests of which 25 contained alterations, and paragraph THIRD (B) contain handwritten lines. The attorney draftsman’s affidavit stated at the time of the execution of the original instrument no handwritten alterations appeared, and deponent had no knowledge of when or by whom such alterations were made thereafter. The court found proof established the handwritten alterations occurred after its execution, did not comply with statutory formalities, thus could not be given testamentary effect. Thus, it was satisfied testator executed the will in its original form in compliance with statutory requirements, admitting the will to probate in its original, unaltered form.
