Legal Opinion
In re the Estate of Marinano
New York Surrogate's Court
Decided March 27, 1936PublishedCited by 1 opinion
1Opinion of the Court
Wingate, S.
The court is unable to concur in the position of the ancillary administrator that the fund presently in this court which was derived from the Jones Act settlement should be transmitted to the principal administrator in New Jersey. A recovery for wrongful death under any statute, whether State or Federal, is not an asset of the estate of the deceased in any sense. It is an original asset which has been created by statute in favor of those persons who have suffered injury by reason of the death. (Phœnix Indemnity Co. v. Staten Island Rapid Transit Railway Co., 251 N. Y. 127, 136;…
2Cases cited9 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Phoenix Indemnity Co. v. Staten Island Rapid Transit Railway Co.New York Court of Appeals · 1929
- Staten Island Rapid Transit Railway Co. v. Phoenix Indemnity Co.Supreme Court of the United States · 1930
- In re the Estate of De MartinoNew York Surrogate's Court · 1932
- In Re the Estate of MeyerNew York Court of Appeals · 1927
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Estate of MurrayNew York Surrogate's Court · 1936