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New York County, Surrogate's Court: July 2, 2018

New York County, Surrogate's Court: July 2, 2018

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Surrogate MellaESTATE OF CHARLIE L. HUNT, Deceased (12/3046/G/H/I) — This is an application by the Administrator, decedent’s son, to allocate and distribute proceeds of wrongful death and conscious pain and suffering causes of action against defendants Owens Corning now being administered through OCF Trust, Fibreboard now being administered through Fibreboard Trust, United States Gypsum now being administered through the United States Gypsum Trust, and AP Green Trust. The causes of action arose from decedent’s exposure to asbestos, and compromise with these defendants was approved by Order of the Supreme Court dated October 29, 2017. The same Order approved attorneys fees and disbursements, and directed the payment of a portion of conscious pain and suffering proceeds to MSPRC.The proceeds of the settlement are allocated 60 percent to the cause of action for conscious pain and suffering and 40 percent to the cause of action for wrongful death. The restrictions contained in the letters of administration are removed to the extent necessary for the administrator to collect the compromise proceeds, execute any receipts and releases with respect to the defendants, and make payments and distributions as directed in the Decree. The restrictions shall remain in full force and effect with regard to any remaining defendants and causes of action. Reimbursement for funeral expenses has been waived. The administrator is awarded statutory commissions (SCPA 2307).1 The net proceeds shall be paid as set forth in the Decree.Decree settling Administrator’s account is signed.Dated: July 2, 2018

1. Petitioner’s commissions for the portion of the proceeds allocated to the wrongful death cause of action have been adjusted. Those commissions are calculated, after deducting fees and expenses, “on the residue” (EPTL 5-4.4[b]). 

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