In Re the Estate of Logan

George Frankenthaler, S.

Petitioner seeks limited letters of administration on the estate of his stillborn son, alleging the existence in an administrator of a right of action for the death of this child. On August 25, 1954, the infant’s mother, then at the close of her third month of pregnancy, was injured in an automobile collision which, it is claimed, caused the baby to be born dead on October 17, 1954, approximately two months later.

Letters of administration may not issue unless there is a deceased person whose property requires administration (Roughan v. Chenango Val. Sav. Bank, 158 App.…