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MATTER OF ROSS

67 Misc.2d 320 (1971)

In the Matter of The Estate of Anthony E. Ross, Deceased.

Surrogate's Court, Kings County.

July 29, 1971

Attorney(s) appearing for the Case

Sidney Schmukler for petitioner. Weinstein, Chayt & Bard (Maurice Chayt of counsel), for respondent.

NATHAN R. SOBEL, S.

This case presents a novel issue.

In order to bring an action for wrongful death, the mother of the decedent and the illegitimate daughter of the decedent cross-petition for limited letters of administration. An illegitimate child, by virtue of Levy v. Louisiana (391 U.S. 68), is now entitled to share in the recovery. This decision creates the...

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