MATTER OF MARX


4 Misc.2d 785 (1956)

In the Matter of The Estate of Ida Marx, Deceased.

Surrogate's Court, New York County.

November 16, 1956.


Attorney(s) appearing for the Case

Arnold A. Secunda for petitioner.

Louis E. Charnley, Jr., special guardian for Melvin W. Marx and another, infants, respondent.


GEORGE FRANKENTHALER, S.

This application for authority to compromise an action for wrongful death and personal injury is granted. The special guardian disputes only the proposed allocation of the proceeds of the settlement between the two causes of action and his objection turns on his contention that medical and funeral expenses are not deductible from the portion allocated to the death action. Such expenses constitute proper elements of damage in death...

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