In Re Will Of Ranney

124 N.J. 1, 589 A.2d 1339 (1991)

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Nature of the Case

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Facts

At the time testator executed his will, its pages were neither numbered nor fastened together. Testator signed the last page of the will, but the two witnesses did not. All three signed a self-proving affidavit which was then fastened to the pages of the will. Both of the witnesses believed that they were witnessing the will by signing the affidavit. Testator's attorney believed that the witnesses' signatures on the affidavit were legally sufficient to meet the statutory requirements regarding attestation. The will was admitted to probate, and testator's widow (P) challenged it on the grounds that the attestation requirements prescribed by statute were not met. The lower court found that the placement of the witnesses' signatures on the will was immaterial and that the affidavit was a part of the will, and the witnesses' signatures on it were effective as signatures on the will. P appealed.