Logan's Estate, In re
| Decision Date | 03 July 1957 |
| Citation | 166 N.Y.S.2d 3,3 N.Y.2d 800,144 N.E.2d 644 |
| Parties | , 144 N.E.2d 644 In re LOGAN'S ESTATE. Application for Letters of Administration on the Goods, Chattels and Credits of 'John' Logan, true name unknown, party intended being a five and one-half month viable fetus of Ernestine Logan, his mother, deceased to Otis LOGAN, Appellant, v. CLERK OF SURROGATE'S COURT, New York County, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 2 A.D.2d 842, 156 N.Y.S.2d 152.
Proceeding in the matter of the application for letters of administration on the goods, chattels, and credits of child who was born dead allegedly because of injuries suffered in the womb of its mother through the negligence of a third person during the third month of the mother's pregnancy.
The Surrogate's Court, New York County, Frankenthaler, S., 4 Misc.2d 283, 156 N.Y.S.2d 49, denied letters of administration, on ground that there was no cause of action for the wrongful death of the child and therefore no property warranting administration.
The Appellate Division, 2 A.D.2d 842, 156 N.Y.S.2d 152, affirmed the decree.
The Appellate Division, 2 A.D.2d 886, 157 N.Y.S.2d 900, denied motion for leave to appeal to the Court of Appeals.
On appeal to the Court of Appeals, it was contended that there is a right to have limited letters of administration issue where unborn child has left a wrongful death claim, which is made in good faith, against a resident of the county, and that the Surrogate's Court exceeds its jurisdiction by depriving the unborn child of an administrator to present its claim for determination by the Supreme Court and a jury, and that claim for wrongful death was made in good faith.
Snitow & Snitow, New York City (Sydney Snitow and Melvel W. Snitow, New York City, of counsel), for petitioner-appellant.
Order affirmed.
All concur.
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