Legal Opinion
In re the Estate of Lalli
New York Court of Appeals
Decided November 25, 1975PublishedCited by 25 opinions
1Opinion of the CourtJones, J.
We hold that EPTL 4-1.2 (subd [a], par [2]) is not unconstitutional to the extent that it prescribes the entry during the father’s lifetime of an order of filiation declaring paternity as a condition precedent for inheritance by an illegitimate child from his or her father.
In this case an illegitimate son, over 25 years of age at the time of his father’s death, sought an order in Surrogate’s Court for a compulsory accounting by the administratrix of his deceased father’s estate. The administratrix, the decedent’s widow, moved to dismiss the son’s application on the ground that he was not a…
2Cases cited7 opinions
- Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
- Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
- Gomez v. PerezSupreme Court of the United States · 1973
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Jimenez v. WeinbergerSupreme Court of the United States · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Lalli v. LalliSupreme Court of the United States · 1978
- In re LevyNew York Court of Appeals · 1976
- STATE DEPT. OF HEALTH, ETC. v. WestSupreme Court of Florida · 1979
- In re the Estate of LalliNew York Court of Appeals · 1977
- Corbett v. CorbettNew York City Family Court · 1979
20 more not listed; retrieve them via the Exa API.