In re Estate of Blais

Supreme Court of Vermont

In re Estate of Blais

583 A.2d 1275, 155 Vt. 650, 1990 Vt. LEXIS 240

CourtSupreme Court of Vermont

DecidedNovember 8, 1990

DocketNo. 89-009

StatusPublished

This text of 583 A.2d 1275 (In re Estate of Blais) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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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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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Bluebook (online)

583 A.2d 1275, 155 Vt. 650, 1990 Vt. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-blais-vt-1990.

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