MATTER OF ROBERTS

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.