In re the Estate of Schriffrin

Wingate, S.

The issue here presented is whether or not the conduct of this respondent comes within the description of subdivision 2 of section 133 of the Decedent Estate Law and, therefore, debars him from sharing with the mother in the recovery for the death of his son. This subdivision reads: “ In case the decedent leaves neither husband, wife, nor issue, but leaves a mother, and a father who has abandoned him, or who has left the maintenance and support of their child to the mother, the damages or recovery shall be for the sole benefit of such mother.”

The inclusion in this subsection of…