In re the Accounting of Daniels

Witmer, S.

The mother of decedent is the administratrix herein. In an action for causing the wrongful death of the deceased child, the administratrix recovered $3,750 damages. She now petitions for judicial settlement of her account as such administratrix, and seeks to bar the child’s father, respondent, from sharing in the proceeds of the action, under subdivision (e) of section 87 and subdivision 2 and paragraph (c) of subdivision 4 of section 133 of the Decedent Estate Law, on the ground that he neglected and refused to provide for decedent and abandoned her.

It appears that petitioner and…