In re the Estate of Williams

OPINION OF THE COURT

Lee L. Holzman, J.

The issue presented in this motion is whether the decedent’s alleged posthumous nonmarital son is entitled to posthumous DNA testing, utilizing tissue already in the possession of the New York City Medical Examiner, in order to establish his right to inherit from the decedent under EPTL 4-1.2 (a) (2). This appears to be a case of first impression in that the request for testing is made on behalf of a posthumous child.

The decedent died intestate on May 28, 2008, allegedly as a result of a homicide. The movant is the mother and guardian of the property of…