ESTATE OF RONALD GERNER, ALSO KNOWN AS RONALD STEVEN GERNER, Deceased

ESTATE OF RONALD GERNER, ALSO KNOWN AS RONALD STEVEN GERNER, Deceased (15/1930) — At issue in this uncontested probate proceeding is whether the propounded instrument dated May 27, 2015 was properly witnessed by two witnesses as required by statute (see EPTL 3-2.1 [a] [4]).

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ESTATE OF RONALD GERNER, ALSO KNOWN AS RONALD STEVEN GERNER, Deceased (15/1930) — At issue in this uncontested probate proceeding is whether the propounded instrument dated May 27, 2015 was properly witnessed by two witnesses as required by statute (see EPTL 3-2.1 [a] [4]).

The decedent died on July 11, 2015. His distributees are two siblings, a sister and brother, the latter of whom is the nominated executor. The propounded instrument, which was not attorney-drafted or attorneysupervised at the time of execution, consists of a one-page double-sided form. The front side of the instrument bears handwritten information such as the names of the decedent and the nominated executor, their addresses, and six bequests, four of which leave one-half of certain personal property to each sibling, and the remaining two of which leave 100 percent of the proceeds of a cooperative and the contents thereof to the brother. The back side of the instrument bears the date of execution and the testator’s signature and, thereunder, is Paragraph IV entitled “Witnessed.” That paragraph bears the signature and address of only one witness, and is followed by a section entitled “Acknowledgment,” which is signed by the testator and that witness. In the acknowledgment the testator states, inter alia, that he signed the instrument as, and declared it to be, his last will, and the witness states, inter alia, she signed it as a witness. Below the acknowledgment is a notarization of the testator’s signature signed by a notary on the same date of the instrument.

ESTATE OF RONALD GERNER, ALSO KNOWN AS RONALD STEVEN GERNER, Deceased

ESTATE OF RONALD GERNER, ALSO KNOWN AS RONALD STEVEN GERNER, Deceased (15/1930) — At issue in this uncontested probate proceeding is whether the propounded instrument dated May 27, 2015 was properly witnessed by two witnesses as required by statute (see EPTL 3-2.1 [a] [4]).

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