SCHMOLL v. CREECY


54 N.J. 194 (1969)

254 A.2d 525

ALAN R. SCHMOLL, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF CORNELIUS PAYNTER, SR., DECEASED, PLAINTIFF-APPELLANT, v. ROSHIER G. CREECY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 26, 1969.


Attorney(s) appearing for the Case

Mr. Walter Gollub argued the cause for appellant.

Mr. Charles A. Cohen argued the cause for respondent (Messrs. Kisselman, Devine, Deighan and Montano, attorneys).


The opinion of the court was delivered by WEINTRAUB, C.J.

The principal question is whether illegitimate children may recover damages for the wrongful death of their natural father.

Decedent was married in 1955 and had two children by that marriage. In 1956 he separated from his wife. Thereafter he lived with another woman ostensibly as her husband and had by her five children, all of whom were members of his household when he died in 1966. On motion the trial...

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