Legal Opinion
In re the Estate of Pridell
New York Surrogate's Court
Decided August 26, 1954PublishedCited by 14 opinions
1Opinion of the Court
Schwerzmann, S.
This is a proceeding under section 133 of the Decedent Estate Law to approve the settlement of an action for the wrongful death of a minor child, and to resolve the respective rights of the father and mother thereto.
The right of the mother to share in this recovery is conceded, but the right of the father is challenged on two grounds: (a) that the father has precluded himself from participating by abandoning the child within the meaning of section 133 (subd. 4) of the Decedent Estate Law and (b) that there was no such “ pecuniary injury ” to the father as would entitle him •to…
2Cases cited19 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Cannon v. CannonNew York Court of Appeals · 1942
- Loetsch v. New York City Omnibus Corp.New York Court of Appeals · 1943
- Gross v. AbrahamNew York Court of Appeals · 1954
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Eria v. Texas Eastern Transmission Corp.District Court, E.D. New York · 1974
- Hafley v. McCubbinsCourt of Appeals of Kentucky · 1979
- Public Administrator v. U.S. Fleet Leasing of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Morgan Guaranty Trust Co. v. Texasgulf Aviation, Inc.District Court, S.D. New York · 1985
- In re the Estate of ChernegaNew York Surrogate's Court · 1967
9 more not listed; retrieve them via the Exa API.