2006 New York Code - Competence Of Attesting Witness Who Is Beneficiary; Application To Nuncupative Will



 
  § 3-3.2 Competence  of attesting witness who is beneficiary; application
            to nuncupative will
    (a) An attesting witness to a will to whom a beneficial disposition or
  appointment of property is made is a competent witness  and  compellable
  to  testify  respecting  the  execution  of  such  will  as  if  no such
  disposition or appointment had been made, subject to the following:
    (1) Any such disposition or appointment made to an  attesting  witness
  is  void  unless there are, at the time of execution and attestation, at
  least  two  other  attesting  witnesses  to  the  will  who  receive  no
  beneficial disposition or appointment thereunder.
    (2)  Subject  to subparagraph (1), any such disposition or appointment
  to an attesting witness is effective unless the will  cannot  be  proved
  without  the testimony of such witness, in which case the disposition or
  appointment is void.
    (3) Any attesting witness whose disposition  is  void  hereunder,  who
  would  be a distributee if the will were not established, is entitled to
  receive so much of his intestate share as does not exceed the  value  of
  the  disposition  made to him in the will, such share to be recovered as
  follows:
    (A) In case  the  void  disposition  becomes  part  of  the  residuary
  disposition, from the residuary disposition only.
    (B) In case the void disposition passes in intestacy, ratibly from the
  distributees  who  succeed  to such interest. For this purpose, the void
  disposition shall be distributed under 4-1.1  as  though  the  attesting
  witness were not a distributee.
    (b) The provisions of this section apply to witnesses to a nuncupative
  will authorized by 3-2.2.

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