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SCHMOLL v. CREECY

104 N.J. Super. 126 (1969)

249 A.2d 3

ALAN R. SCHMOLL, ESQUIRE, GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF CORNELIUS PAYNTER, SR., DECEASED, PLAINTIFF-APPELLANT, v. ROSHIER G. CREECY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 10, 1969.

Attorney(s) appearing for the Case

Mr. Walter Gollub argued the cause for appellant.

Mr. Charles A. Cohen argued the cause for respondent (Messrs. Kisselman, Devine, Deighan & Montano, attorneys).

Before Judges GOLDMANN, KOLOVSKY and CARTON.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

The main question on this appeal is whether an action may be maintained under the Death Act, N.J.S. 2A:31-1 et seq., on behalf of illegitimate children to recover for the alleged wrongful death of their putative father. We hold that it may not.

The appeal comes before us on an agreed statement of facts in lieu of record, pursuant to R.R. 1:6-2.

On November 5, 1966...

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