This contested probate proceeding raises the issue of the construction to be given to paragraph (9) of EPTL 4-1.1 (a). This paragraph was added in 1971 to the statute governing descent and distribution (EPTL 4-1.1) and includes great-grandparents and their issue as distributees in intestacy in certain limited circumstances, namely, where decedent is an infant or an adjudicated incompetent.
The decedent in this proceeding, Frieda...
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