In re the Estate of Phillips

Hetherington, S.

This proceeding purports to be one for the accounting and distribution of a fund realized from a settlement had for the negligent killing of the decedent. The distribution of the fund is governed by sections 133 and 134 of the Decedent Estate Law (as added by Laws of 1920, chap. 919)* and section 252 of the Surrogate’s Court Act, and not by the general rules applicable to the settlement of estates. In a proceeding accounting for such a fund, it should appear that no other property has come into the hands of the administrator; that the reasonable expenses of the action or…