MATTER OF PEREZ


69 Misc.2d 538 (1972)

In the Matter of The Estate of Adolf Perez, Also Known as Adolf Agosto, Deceased.

Surrogate's Court, New York County.

April 7, 1972


Attorney(s) appearing for the Case

J. K. Colman for guardian ad litem. Pokorny, Schrenzel & Pokorny for petitioners.


MILLARD L. MIDONICK, S.

By this decision hopefully clarification will be focused upon the right of an out-of-wedlock child of a father to recover, not as a distributee of his father's intestate estate, but for pecuniary injury to the child due to the wrongful death of his father — and this despite the statutory denial of such a recovery to such children unfortunate enough not to have had the benefit of paternity established in a filiation proceeding...

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