In Re Estate of John Russo

Layton, Judge:

I felt it.necessary to appoint counsel to represent the interests of the two minor children in this proceeding and as the result of argument and briefs filed for the respective parties, a single question is presented for decisión, viz.: Should a fund representing a voluntary and unauthorized settlement with a common carrier under the Federal Employers’ Liability Act, resulting from a claim for death, be distributed under the intestate laws of this state or in accordance with the actual pecuniary loss sustained by the dependents of the deceased?

In Gulf, C. & S. F. R. R. Co. v.…