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SUAREZ v. BERG

117 N.J. Super. 456 (1971)

285 A.2d 68

ADELE M. SUAREZ, ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF JUAN J. SUAREZ, DECEASED, PLAINTIFF-APPELLANT, v. JOSEPH BERG AND GEORGE BERG, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 1971.

Attorney(s) appearing for the Case

Mr. David A. Pressler argued the cause for appellant (Messrs. Okin & Pressler, attorneys).

Mr. Marvin H. Gladstone, respondent-Guardian Ad Litem, argued the cause pro se.

Before Judges SULLIVAN, LEONARD and CARTON.

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

This case arises out of the settlement of a death action. Decedent's widow applied for apportionment of the $127,500 settlement award between herself and decedent's posthumously born daughter on the basis of 90% to her and 10% to the child. The child's guardian ad litem had suggested that two-thirds be allocated to the widow and one-third to the child. Rejecting both proposed apportionments, the court...

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