In re the Estate of Kornacki

Memorandum: Joseph Kornacki, as limited administrator (Surrogate’s Ct. Act, § 122), instituted an action in 1941 in the Supreme Court of Erie County, against Bernard Behringer, to recover damages for the alleged wrongful death of his infant son. In January, 1947, Hon. Wortley B. Paul, Surrogate of Erie County, entered an order authorizing the settlement and release of said cause of action for the sum of $400 and directing the removal of the limitations on the letters of administration. The decree from which this appeal is taken vacates the decree of former Surrogate Paul and orders that the…