Legal Opinion

In re the Estate of Kenny

New York Surrogate's Court

Decided June 8, 1982PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Bernard M. Bloom, S.

In this proceeding for letters of administration, petitioner has submitted voluminous and facially compelling evidence tending to prove that she is the natural, nonmarital daughter of decedent, who died on May 26, 1981 survived also by two sisters and by issue of a predeceased brother.

The reciprocal rights of intestate distribution between children born out of wedlock vis-a-vis their fathers and paternal kindred are governed by EPTL 4-1.2 where, as here, the parents did not later intermarry (see Domestic Relations Law, § 24). Petitioner concedes that…

2Cases cited35 opinions

  1. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
  2. Lalli v. LalliSupreme Court of the United States · 1978
  3. Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
  4. People v. PepperNew York Court of Appeals · 1981
  5. White v. . HowardNew York Court of Appeals · 1871

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3Cited by9 opinions

  1. In Re Estate of GloverDistrict of Columbia Court of Appeals · 1983
  2. Greene v. City of New YorkDistrict Court, S.D. New York · 1987
  3. In re the Estate of MalavaseAppellate Division of the Supreme Court of the State of New York · 1987
  4. In re the Estate of SmithNew York Surrogate's Court · 1983
  5. Charles for Charles v. SchweikerDistrict Court, E.D. New York · 1983

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