In re the Estate of Ortiz

Nathah R. Sobel, S.

This proceeding raises the issue of the right of illegitimate children who have suffered “ pecuniary-injuries ” to share in the distribution of damages recovered in an action for the wrongful death of their putative father.

Two issues are discussed;

I. The rights of such illegitimates under the Equal Protection Clauses of the Federal and State Constitutions (U. S. Const., 14th Amdt.; N. Y. Const., art. I, § 11).

II. The recognition required to be given by the courts of this State to legitimation statutes of other States, in this instance, Puerto Rico.

The parties have agreed to…