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SECTION 2204
Judicial settlement where recovery has been had in negligence action 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22
§ 2204. Judicial settlement where recovery has been had in negligence

action

1. Where a judgment or compromise of a cause of action has been
obtained and the proceeds are ready to be paid over and where the
recovery is not an asset of the decedent's estate but goes by special
provision of law to designated persons or classes of persons, the
fiduciary may at any time file a petition for the judicial settlement of
his account relating to the proceeds and upon the return of process or
upon the waiver of all persons interested, if adult and competent, the
court may take and settle his account and direct payment to the parties
entitled according to their respective rights and interests and upon
filing receipts for the payments the party paying the money and the
fiduciary shall be discharged from all further liability as to such
cause of action and the proceeds.

2. Where such recovery has been had and the amount thereof paid to
the fiduciary, he may in like manner have a judicial settlement of his
account relating to such proceeds at any time and a decree made
discharging him from all further liability concerning it.