MATTER OF FRANK


286 A.D. 986 (1955)

In the Matter of The Estate of Clarence N. Frank, Deceased. Richard Frank, as Administrator of The Estate of Clarence N. Frank, Deceased, Respondent; State Insurance Fund, Appellant

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

September 28, 1955.


Per Curiam.

The recovery in a wrongful death action must be distributed to the widow and next of kin "in proportion to the pecuniary injuries suffered" by each (Decedent Estate Law, § 133). By the order appealed from the Acting Surrogate directed a distribution simply according to life expectancy, so that the widow received 18% and her two sons received 82% of the recovery. Nothing in the record warrants a finding that their loss so exceeded hers. The...

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