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Fraley v. Muller

Lillie Fraley, as Administratrix of the Estate of Nathaniel Fraley v. Henry Muller, Jr., Doing Business as Muller Bros., Henry Fraley

Fraley v. Muller, 281 A.D. 1016 (1953)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
May 12, 1953
Citations
281 A.D. 1016121 N.Y.S.2d 1381953 N.Y. App. Div. LEXIS 4118

Opinion of the Court

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Whether the father of the decedent son is entitled to share in the death action depends on whether he had voluntarily abandoned or failed to support his family within the meaning of subdivision 2 of section 133 of the Decedent Estate Law. Since the death was in 1948, the amendment of 1949 to section 133, providing for distribution in proportion to pecuniary injuries suffered does not apply to this case. There is an issue between the mother and-father whether the separation between them was due to the father’s illness, or to an abandonment and that issue should be examined. Order unanimously reversed and the matter remitted to Special Term for a hearing on that issue, with costs to abide the event. Settle order on notice. Present — Peck, P. J., Dore, Callahan, Breitel and Bergan, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1957: 11958: 11978: 119572026peak 1957 · 1

Relies on it most ⓘ

  1. In re Estate of Parsons272 N.W.2d 16 (Iowa 1978)
  2. Dance v. Martelli147 N.E.2d 385 (Ill. App. Ct. 1958)
  3. In re the Accounting of Guilianelli7 Misc. 2d 171 (N.Y. Sur. Ct. 1957)

Most recent

  1. In re Estate of Parsons272 N.W.2d 16 (Iowa 1978)
  2. Dance v. Martelli147 N.E.2d 385 (Ill. App. Ct. 1958)
  3. In re the Accounting of Guilianelli7 Misc. 2d 171 (N.Y. Sur. Ct. 1957)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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