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MATTER OF SCHAEFER

76 Misc.2d 488 (1973)

In the Matter of The Estate of Jane G. Schaefer, Deceased.

Surrogate's Court, Erie County.

December 26, 1973

Attorney(s) appearing for the Case

Kevin D. Cox for the estate. Hyman C. Davidoff, guardian ad litem for unknown heirs. Louis J. Lefkowitz, Attorney-General (Michael Wolfgang of counsel), for State of New York.

WILLIAM J. REGAN, S.

In 1966, former section 83 (subd. 7) of the Decedent Estate Law was construed by this court as barring second cousins from inheritance by reason of the fact that the common ancestor of such descendants is more remote than that of the grandparent. (Matter of Willingham, 51 Misc.2d 516.) We further stated in said decision, that where a person is a

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