Re: Way off list for wordsmiths

[Carl Distefano cld@xxxxxxxx]

Reply to note from "Avrom Fischer"  Mon, 30 Jun 2008
12:39:24 -0400

> I just had a discussion with the person (Stephen) who I believe
> is my second cousin. Stephen's Grandmother was my
> Grandmother's sister. Stephen's mother and my mother were
> first cousins. Am I right that Stephen is my second cousin.
> Are my children Stephen's second cousins once removed. Is my
> granddaugher Stephen's cousin twice removed or what.

Under New York inheritance law (intestate succession), you look at
the nearest common ancestor. If it's a grandparent, you're first
cousins; if it's a great-grandparent, you're second cousins; and so
on. You say that Stephen's grandmother was your grandmother's
sister. This means that the two of you share at least one great-
grandparent (two if the grandmothers were full sisters). Therefore,
you are second cousins.

The descendants of nth cousins are nth cousins x-times removed
(where x is the number of generations down). Your children are
Stephen's second cousins once removed. Your granddaughter is
Stephen's cousin twice removed.

Intestate succession in New York stops after first cousins. Thus,
the most distant relative that can take in intestacy is a first
cousin, or one who takes through a first cousin, i.e., the child of
a first cousin who dies after (not before) the death of the
decedent. Second cousins are out of luck. (In case you were
wondering.)

--
Carl Distefano
cld@xxxxxxxx