MATTER OF DI BELLA


279 A.D. 689 (1951)

In the Matter of The Estate of Angela Di Bella, Deceased. Florence Tanzini, as Administratrix of The Estate of Angelo Di Bella, Deceased, Respondent; Carmelo A. Rigono, as Administrator of The Estate of Angela Di Bella, Deceased, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.


Concededly all three were the victims of a common disaster and died as a result of asphyxiation from carbon monoxide caused by incomplete combustion of gas in a kitchen stove. It is without question that the decree of the Surrogate was a proper one if Angelo Di Bella survived his wife, Angela Di Bella. The sole question presented is whether the evidence sustains a determination that he did so survive. It is well settled that there is no presumption of survivorship. Neither...

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