MATTER OF LALLI


38 N.Y.2d 77 (1975)

In the Matter of The Estate of Mario Lalli, Deceased. Robert M. Lalli, Appellant; Rosamond Lalli, as Administratrix of The Estate of Mario Lalli, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided November 25, 1975.


Attorney(s) appearing for the Case

Leonard M. Henkin, Morris R. Henkin and David C. Quinn for appellant.

Leonard A. Weiss and Muriel Lawrence for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, 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...

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