Legal Opinion

In re the Estate of Carrick

New York Surrogate's Court

Decided April 4, 1980PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

John D. Bennett, J.

This is an application by the surviving spouse as administratrix of her husband’s estate for an order nunc pro tune awarding letters of administration to her as of November 7, 1977, the day her petition was filed, rather than December 9, 1977, by which time the Statute of Limitations for wrongful death had expired.

William Garrick died on November 11, 1975 survived by Clara Garrick, the petitioner, and four minor children of their marriage. Also surviving is Judian Smith, a child of a former marriage.

On October 17, 1977 Clara commenced an action for…

2Cases cited5 opinions

  1. Goldberg v. Camp Mikan-RecroNew York Court of Appeals · 1977
  2. Castle v. Lockwood-MacDonald HospitalMichigan Court of Appeals · 1972
  3. Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
  4. Richardson v. ButlerNew York Supreme Court · 1961
  5. Carrick v. Central General HospitalAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by4 opinions

  1. Rennie v. PozziOregon Supreme Court · 1982
  2. In re the Establishment of a Supplemental Needs Trust for GilletteNew York Surrogate's Court · 2003
  3. In re SandraNew York Supreme Court · 2006
  4. In re the Estate of JohnsonNew York Surrogate's Court · 1982

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