Legal Opinion
In re the Estate of Ross
New York Surrogate's Court
Decided July 29, 1971PublishedCited by 11 opinions
1Opinion of the Court
Nathan R. Sobel, S.
This case presents a novel issue.
In order to bring an action for wrongful death, the mother of the decedent and the illegitimate daughter of the decedent cross-petition for limited letters of administration. An illegitimate child, by virtue of Levy v. Louisiana (391 U. S. 68), is now entitled to share in the recovery. This decision creates the issue.
The daughter is illegitimate only in the sense that she has not been legitimated under the controlling statute (EPTL 4-1.2). In other ways her father, the decedent, has acknowledged paternity by holding out, by support, by…
2Cases cited4 opinions
- Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
- Glona v. American Guarantee & Liability InsuranceSupreme Court of the United States · 1968
- Labine v. VincentSupreme Court of the United States · 1971
- In re the Estate of OrtizNew York Surrogate's Court · 1969
3Cited by11 opinions
- Jordan v. Delta Drilling CompanyWyoming Supreme Court · 1975
- Weaks v. MounterNevada Supreme Court · 1972
- Holden v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1972
- Pierce v. YerkovichNew York City Family Court · 1974
- Eckel v. HassanAppellate Division of the Supreme Court of the State of New York · 1978
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