IN
THE MATTER OF THE ESTATE OF RICHARD D. EHRLICH A-5439-10T2
We
upheld the admission to probate of a Will lacking the formality requirements of
N.J.S.A. 3B:3-2 because under N.J.S.A. 3B:3-3, there is clear and convincing
evidence that the decedent intended the document, which he drafted, reviewed
and gave his assent to, to constitute his Last Will and which reflects his final
testamentary wishes.
Judge Skillman dissents, believing that
N.J.S.A. 3B:3-3 cannot reasonably be construed to authorize the admission to probate
of an unexecuted Will. 06-29-12
