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New York County First Department Surrogate's Court

Decision & Order and Order & Decrees signed between:February 22-23, 2023

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Decision & Order decided on: February 23, 2023 Surrogate Mella

ESTATE OF MARTHA JENKINS, Deceased (12-1419/C/D/E) — The court grants this unopposed application by the Administrator of the estate of decedent Martha Jenkins to compromise causes of action for conscious pain and suffering and wrongful death. The requested allocation of the proceeds is entirely to the cause of action for conscious pain and suffering and is granted. Fees and disbursements of counsel are fixed and determined in the amounts requested. Commissions are sought as is reimbursement for the cost of decedent’s funeral. Petitioner proposes to pay a claim by MSPRC/Medicare in full. There are no other claims, liens, or debts. Petitioner’s account is settled. The net proceeds are to be distributed to the fiduciary of the estate of decedent’s spouse, as he died after decedent, and to decedent’s three children, one of whom also post-deceased and whose share shall be paid to her estate fiduciary (EPTL 4-1.1). The restrictions on the Letters of Administration are modified to permit this compromise, allocation, and distribution of the proceeds. The Administrator is authorized to execute and deliver any papers or electronic authorizations necessary to effectuate the compromise and distribution. Decree settling account signed. Dated: February 23, 2023

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