Legal Opinion
In re the Estate of Perez
New York Surrogate's Court
Decided April 7, 1972PublishedCited by 20 opinions
1Opinion of the Court
Millard L. Midonick, S.
By this decision hopefully clarification will be focused upon the right of an out-of-wedlock child of a father to recover, not as a distributee of his father’s intestate estate, but for pecuniary injury to the child due to the wrongful death of his father ■ — and this despite the statutory denial of such a recovery to such children unfortunate enough not to have had the benefit of paternity established in a filiation proceeding while the father was still alive.
This proceeding was commenced by the administrator and administratrix of decedent’s estate, father and sister…
2Cases cited5 opinions
- Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
- People Ex Rel. Alpha Portland Cement Co. v. KnappNew York Court of Appeals · 1920
- Loetsch v. New York City Omnibus Corp.New York Court of Appeals · 1943
- In re the Estate of OrtizNew York Surrogate's Court · 1969
- In re the Estate of MaynardNew York Surrogate's Court · 1962
3Cited by20 opinions
- Cobb v. State Security Insurance Co.Supreme Court of Missouri · 1979
- Brookbank v. GrayOhio Supreme Court · 1996
- In re the Estate of JohnsonNew York Surrogate's Court · 1973
- Holden v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1972
- Pierce v. YerkovichNew York City Family Court · 1974
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