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MTR. OF SMITH

103 Misc.2d 619 (1980)

In the Matter of The Estate of Robert L. Smith, Deceased.

Surrogate's Court, Monroe County.

April 3, 1980.

Attorney(s) appearing for the Case

Goldstein, Goldman, Kessler & Underberg (Theodore S. Kantor of counsel), for Mary E. Smith, petitioner. Frank O. Casaceli for Frederick L. Smith, respondent.

MICHAEL A. TELESCA, J.

At issue is the question of apportionment of the proceeds of a wrongful death action between the divorced parents of their deceased 18-year-old son. The amount of the settlement ($12,000) is not objected to. The only persons entitled to share in the recovery are the divorced parents.

The deceased was residing with his mother (the petitioner) and was paying her $25 for weekly room...

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