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MATTER OF KRUMMENAUER

81 A.D.2d 668 (1981)

In the Matter of The Estate of Robert H. Krummenauer, Deceased. Anthony Mastroianni, Respondent; Emma Hanlon et al., Appellants; Robert Abrams, as Attorney-General of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 27, 1981

Order affirmed insofar as appealed from, without costs or disbursements.

Decedent died intestate and appellants are issue of the deceased's great-grandparents. They can inherit only if the decedent "was at the time of his death an infant or an adjudged incompetent" (EPTL 4-1.1, subd [a], par [9]). Where an adult who has not been adjudicated an incompetent during his lifetime dies intestate, EPTL 41.1 (subd [a], par [9]) does not apply (see Matter of Schaefer

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