New York Surrogate's Court March 29, 2002 (In re the Estate of Pearsall)

OPINION OF THE COURT

John B. Riordan, S.

This case involves the construction of Surrogate’s Court Procedure Act § 1001 (1) (f).

*67The decedent, Durrell Pearsall, died intestate, survived by five cousins on the maternal side and one cousin on the paternal side. Pursuant to EPTL 4-1.1 (a) (6) the five maternal cousins receive 50% of the estate in the aggregate and the paternal cousin receives 50%.