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New York County,Surrogate's Court: June 30, 2022

Decision & Order decided on:June 30, 2022

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Surrogate Anderson ESTATE OF JAMES A. SMITH, Deceased (96-4436/G/H/I) — This petition for leave to allocate and distribute the net proceeds of a settlement of causes of action for the conscious pain and suffering and wrongful death of James A. Smith arising out of his exposure to asbestos is granted. The allocation of 60 percent of the settlement proceeds to the cause of action for conscious pain and suffering and 40 percent to the cause of action for wrongful death as set forth in the petition is approved. The net proceeds of the settlement for the cause of action for conscious pain and suffering shall be distributed pursuant to EPTL §4-1.1. The net proceeds of the settlement for the cause of action for wrongful death shall be distributed pursuant to EPTL §5-4.4 as requested in the petition. The compromise and attorney’s fees and disbursements were approved by order of the Supreme Court, New York County. The restrictions on the letters issued to the administrator are modified to allow the above settlement, and she is authorized to collect the settlement proceeds and to execute the necessary receipts and releases with respect to defendants Federal Mogul, now being administered by the Federal Mogul Trust and G-I Holdings, now being administered through the G-I Holdings Trust. The restrictions shall remain in full force and effect with regard to any remaining defendants and causes of action. The filing of a bond is dispensed with. Submit decree. Dated: July 1, 2022

Surrogate Mella

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