Opinion
May 22, 1995
Appeal from the Surrogate's Court, Kings County (Bloom, S.).
Ordered that the decree is reversed, on the law, with costs payable by the respondent personally, and probate is denied.
There was no evidence of a meeting of the minds between the testator and the attesting witnesses that the instrument they were being asked to sign as witnesses was testamentary in character (see, EPTL 3-2.1 [a] [3]; see also, Matter of Pulvermacher, 305 N.Y. 378, 383; Matter of Turell, 166 N.Y. 330, 337).
In light of our determination, we do not reach the objectants' remaining contention. Balletta, J.P., O'Brien, Thompson and Hart, JJ., concur.