Masek v. Hedlund

Section 9657, G. S. 1923, which gives an action for death by wrongful act, provides that the damages “shall be for the exclusive benefit of the surviving spouse and next of kin, to be distributed to them in the same proportion as personal property of persons dying intestate.”

Suit was brought under this statute. Settlement was made and plaintiff received $4,500. After paying attorneys' fees and expenses there remained $2,971.74 for distribution. Deceased left a widow and 4 children, all but one of whom had reached their majority. The minor was 14 years of age. Upon a petition for distribution…