MATTER OF HEVERLY


113 Misc.2d 925 (1981)

In the Matter of The Estate of William J. Heverly, Deceased.

Surrogate's Court, Cattaraugus County.

March 29, 1981


Attorney(s) appearing for the Case

Shane & Franz, P. C. (J. Michael Shane of counsel), for petitioner. Joseph C. Dwyer, guardian ad litem.


EDWARD M. HOREY, S.

The petition before the court is for the appointment of a special administrator under EPTL 5-4.1 to bring an action for the wrongful death of the decedent one William J. Heverly.

Critical to the issues to be resolved is the following unusual and complicated fact pattern.

The decedent William J. Heverly entered into a first marriage on November 13, 1939 with one Lois Steinberg. She became the first Mrs. Heverly. A daughter...

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