In re the Estate of Schweckendieck

John M. Keane, S.

On the night of June 26, 1964 Harry Schweckendieck was driving his car south from Whitney Point with his wife, Lucille, their four children and a niece, to his home in Johnson City. Suddenly a drag racer appeared out of the darkness and crashed head-on into his car. Lucille Schweckendieck lost her life. Her husband and children were injured.

The personal injury and wrongful death actions were settled in Supreme Court. A settlement of $10,000, after payment of attorneys’ fees and disbursements, was made in the wrongful death action. The Supreme Court returned the matter to this…