208 Misc. 617 | N.Y. Sur. Ct. | 1955
Justice of the Supreme Court and Acting Surrogate. On May 29,1950, an automobile operated and owned by Thomas Ray collided with one owned by Excelsior Pearl Works and operated by Sidney Rothchild. As a result of the accident, Thomas Ray was killed instantly and Martha Ray, his wife, who was with him, died within an hour thereafter. They were survived by four adult and two minor children, one born on June 18,1933, and the other on March 14,1935. The defendants have offered to pay $25,000 in settlement of the action brought by the administrators with the will annexed of the decedent to recover damages for his wrongful death. The proposed compromise impresses me as fair and reasonable and, in the absence of objection and in view of the recommendation of the special guardian, the same is approved.
Decedent was just past fifty at the time of his death and about six months older than his wife. Based on his expectancy of life, petitioners seek to distribute practically 68% of the recovery to themselves as administrators of the'estate of Martha Ray, deceased, and the balance in varying amounts to decedent’s two minor children based on their expectant minorities. Such distribution to the estate of decedent’s deceased wife who died intestate would result in her six children sharing the same equally. The special guardian for the two infant children has objected to any distribution to the wife’s estate and claims that his wards are entitled to the entire proceeds of the settlement in proportion to the years of their respective minorities, to wit, 4.06 years for Concetta Ray and 5.79 years for George Ray which would result in the former receiving 41.22% of the net settlement proceeds and the latter 58.78% thereof.
The damages recoverable for wrongful death are such as are deemed fair and just compensation “ for the pecuniary injuries, resulting from the decedent’s death, to the person or persons,