Legal Opinion

In re the Estate of Valforte

New York Surrogate's Court

Decided May 19, 1959Published

1Opinion of the Court

John D. Bennett, S.

The application for compromise of an action for wrongful death is approved. In this application, the accident causing the death having occurred in New Jersey, the substantive law of that jurisdiction is applicable (Loucks v. Standard Oil Co., 224 N. Y. 99; Matter of Smulowits, 208 Misc. 1078).

On the facts presented the court finds that the parents of the decedent are the only persons entitled to share in the proceeds, and that they have established their dependency under the New Jersey statutes (N. J. S. A., § 2A:31-4) as such statute has been interpreted by the courts in…

2Cases cited2 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. In re the Accounting of SmulowitzNew York Surrogate's Court · 1955

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