Opinion
No. 89-009
November 8, 1990.
Appeal from Washington Superior Court.
The requirement of signatures of three attesting witnesses for a valid will under 14 V.S.A. § 5 is in accord with the United States Constitution, which leaves to the states to determine the requirements for testamentary transfers. United States v. Fox, 94 U.S. 315, 321 (1876). The requirement of three witnesses, though less common than the requirement of two, is a matter of legislative, not judicial, concern. See In re Wilson's Estate, 119 N.H. 425, 426, 402 A.2d 197, 198 (1979).
Affirmed.