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MATTER OF BRIGGS

167 Misc.2d 972 (1996)

641 N.Y.S.2d 502

In the Matter of The Estate of Hilda I. Briggs, Deceased.

Surrogate's Court, Westchester County.

March 5, 1996

Attorney(s) appearing for the Case

Brendan C. Holden, Rye, for George J. Lambert, as Public Administrator of Westchester County, petitioner. Longo & Cheng, Jamaica Estates (Rocco Longo of counsel), for Deborah W. Dayton and others. Mark H. Serino, Poughkeepsie, for Alma C. Burke and another. McVean, Lewis, Sherwin & McDermott, P. C., Middletown (Louis H. Sherwin of counsel), guardian ad litem.

ALBERT J. EMANUELLI, S.

In this accounting proceeding, maternal first cousins once removed seek to inherit along with maternal first cousins, where the decedent was survived by no paternal distributees. In issue is EPTL 4-1.1 (a) (6), which states that distribution under the laws of intestacy shall be as follows: "(a) If a decedent is survived by * * * (6) One or more grandparents or the issue of grandparents...

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