Legal Opinion

In re the Estate of Maynard

New York Surrogate's Court

Decided October 22, 1962PublishedCited by 7 opinions

1Opinion of the Court

Joseph A. Cox, S.

In this proceeding for leave to compromise a cause of action for wrongful death, to remove restrictions from the limited letters and to settle the account of the administratrix, the reasonable compensation of the attorney for petitioner is fixed and allowed in the amount requested, in accordance with the Appellate Division Eules, and disbursements are allowed as requested.

The Department of Welfare asserts a lien for payments made to decedent but the funds recovered from a wrongful death action are not general assets of the estate and are not subject to the claims of creditors…

2Cases cited5 opinions

  1. Stuber v. . McEnteeNew York Court of Appeals · 1894
  2. Baldwin v. PowellNew York Court of Appeals · 1945
  3. In re the Estate of EdelmuthAppellate Division of the Supreme Court of the State of New York · 1942
  4. In re the Estate of RiegelNew York Surrogate's Court · 1937
  5. In Re the Estate of EdelmuthNew York Court of Appeals · 1943

3Cited by7 opinions

  1. In re the Estate of LainezAppellate Division of the Supreme Court of the State of New York · 1981
  2. Estate of Hirshfeld v. Islamic Republic of IranCourt of Appeals for the D.C. Circuit · 2018
  3. In re the Estate of PerezNew York Surrogate's Court · 1972
  4. In re the Estate of JacksonNew York Surrogate's Court · 1972
  5. In re the Estate of RiosNew York Surrogate's Court · 1975

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