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MATTER OF DICKEY

195 Misc.2d 729 (2003)

761 N.Y.S.2d 473

In the Matter of the Estate of JOSEPH D. DICKEY, JR., Deceased.

Surrogate's Court, Nassau County.

May 22, 2003.

Attorney(s) appearing for the Case

Peter Vermont, New York City, for William P. Dickey and another, petitioners.

McCoyd, Parkas & Ronan, LLP, Garden City, for Irene S. Dickey, respondent.

Margaret Turano, Jamaica, for Joseph D. Dickey, III, respondent.

OPINION OF THE COURT

JOHN B. RIORDAN, S.

The proceeding before the court is one that seeks the construction of a will pursuant to SCPA 1420. Submitted for decision is a threshold issue of jurisdiction that requires the court to decide if the facts of the case lend themselves to application of the virtual representation statute, SCPA 315.

The decedent, Joseph D. Dickey, Jr., was a victim of the terrorist...

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