In re the Estate of Frank

The recovery in a wrongful death action must be distributed to the widow and next of kin “ in proportion to the pecuniary injuries suffered ” by each (Decedent Estate Law, § 133). By the order appealed from the Acting Surrogate directed a distribution simply according to life expectancy, so that the widow received 18% and her two sons received 82% of the recovery. Nothing in the record warrants a finding that their loss so exceeded hers. The sons are grown and employed. The evidence establishing the assistance which the deceased rendered to them is sparse and unsatisfactory. The widow’s…