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New York County, Surrogate's Court: January 24, 2019

New York County, Surrogate's Court:January 24, 2019

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Surrogate MellaMatter of EZRA CLARK (11-3.843/A/B/C/D/E/F), Deceased — At the call of the calendar on January 11, 2019, the court settled two accounts by the administrator of the estate of decedent Ezra Clark. She accounted for proceeds of an action brought on decedent’s behalf for conscious pain and suffering due to asbestos exeposure. Supreme Court, New York County, in two orders, one dated March 1, 2016, and another dated March 28, 2018, approved compromises against certain asbestos defendants, one for $3,000 and the other for $4,978.90. Those orders also approved and fix:ed the attorneys fees and disbursements of administrator’s counsel and a payment to satisfy a claim. The administrator does not seek commissions; reimbursement for funeral exepenses has been waived; and there are no other claims.The administrator sought an allocation in both accounts of all the proceeds to the cause of action for conscious pain and suffering, and thus a distribution in intestacy in five equal shares to decedent’s distributees, specifically, his four living children and the sole child of his predeceased daughter.The New York State Department of Taxation and Finance provided its waiver and consent. There is no opposition. The court approved the proposed allocation and distribution. The restrictions on the letters issued by this court are removed, and the administrator is authorized to collect the compromise proceeds and to execute such receipts and releases as may be required.The proceeds are allocated to the cause of action for conscious pain and suffering and shall be paid, together with pro rata accrued interest, as set forth in the decrees.Decrees settling the administrator’s accounts signed.Dated: January 23 , 2019

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