In re Estate of Blais

583 A.2d 1275, 155 Vt. 650, 1990 Vt. LEXIS 240
Supreme Court of Vermont·Decided November 8, 1990·No. No. 89-009·Published

Opinion

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.

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In re Estate of Blais, 583 A.2d 1275, 155 Vt. 650, 1990 Vt. LEXIS 240 (Vt. 1990).

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Related

United States v. Fox
94 U.S. 315 (Supreme Court, 1877)
In re Estate Wilson
402 A.2d 197 (Supreme Court of New Hampshire, 1979)