In re Davis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Goldstein, J.
The petitioner, Kenyan G. Penceal, claims to be the nonmarital child of James E. Davis, who died intestate on July 23, 2003. At issue here is whether he is entitled to disclosure of biological material of the decedent to conduct genetic marker testing, commonly known as DNA testing, to support his claim.
On March 26, 2004, the petitioner commenced the instant proceeding for a compulsory accounting of the decedent’s estate. In her answer to the petition, Thelma Davis, as administratrix of the estate, claimed that the petitioner was not a distributee of the…
2Cases cited13 opinions
- Lalli v. LalliSupreme Court of the United States · 1978
- In re the Estate of JanisAppellate Division of the Supreme Court of the State of New York · 1994
- In re the Estate of FlemmNew York Surrogate's Court · 1975
- Anne R. v. Estate of Francis C.Appellate Division of the Supreme Court of the State of New York · 1996
- In re the Estate of SeamanNew York Court of Appeals · 1991
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3Cited by8 opinions
- Thomas v. AstrueDistrict Court, S.D. New York · 2009
- In re Estate of PoldrugovazAppellate Division of the Supreme Court of the State of New York · 2008
- MacNeil v. BerryhillCourt of Appeals for the Second Circuit · 2017
- In re the Estate of WilliamsNew York Surrogate's Court · 2009
- In re ReapeAppellate Division of the Supreme Court of the State of New York · 2013
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