214 Conn.App. 596
Conn. App. Ct.2022Background:
- Decedent Freida Harris executed a 2010 will; she died in 2017 and the will was offered for probate by daughter Dora-Lynn Harris.
- The will included a self‑proving affidavit; two bank employees acted as witnesses and signed the self‑proving affidavit rather than the witness lines of the will itself.
- Notary Amy Stoto testified she was present, would not notarize unless all signers were present, wrote the witnesses’ names on the will below the decedent’s signature, saw the witnesses sign the self‑proving affidavit in the decedent’s presence, and then notarized.
- The Probate Court found Stoto’s testimony credible and concluded the decedent signed the will in the witnesses’ presence and the witnesses signed the document containing the will as part of a single transaction.
- The Probate Court admitted the will to probate; the Superior Court, on an on‑the‑record appeal, adopted the Probate Court’s findings and denied the appeal.
- Plaintiff (Richard Harris) appealed, arguing the witnesses’ signatures on the self‑proving affidavit (not on the will proper) failed to satisfy General Statutes § 45a‑251’s attestation requirement.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 45a‑251’s requirement that a will be "attested by two witnesses, each of them subscribing in the testator’s presence" was met where the witnesses signed only the self‑proving affidavit (part of the same document) | Witnesses signed only the affidavit, which is not technically part of the will, so subscription/attestation requirement not satisfied | Gardner v. Balboni permits relying on signatures in the self‑proving affidavit when the will and affidavit are a single document and the transaction occurred in the testator’s presence; authenticity and single‑transaction proof here support validity | Affirmed: will properly attested. Court extended Gardner to these facts — form should not trump substance when signatures and execution occurred in one document and single transaction |
Key Cases Cited
- Gardner v. Balboni, 218 Conn. 220 (1991) (rejects elevating form over substance where testatrix’s signature appeared in the self‑proving affidavit; subscription requirement satisfied when the will and affidavit form a single document)
- In re Probate Appeal of Nguyen, 199 Conn. App. 498 (2020) (describes standard of review for on‑the‑record probate appeals)