Lalli v. Lalli

This case presents a challenge to the constitutionality of § 4 — 1.2 of New York’s Estates, Powers, and Trusts Law,1 which requires illegitimate children who would inherit from their fathers by intestate succession to provide a particular form of proof of paternity. Legitimate children are not subject to the same requirement.

I

Appellant Robert Lalli claims to be the illegitimate son of Mario Lalli who died intestate on January 7, 1973, in the State of New York. Appellant’s mother, who died in 1968, never was married to Mario. After Mario’s widow, Rosa-mond Lalli, was appointed administratrix…