Matter of Acquafredda

In Matter of Acquafredda (189 AD2d 504), decedent was survived by his wife, age 19, and two children, one two years old and the other born several months after his death. The wife remarried four years thereafter and had three children with her second husband. The Appellate Division, Second Department, in a learned opinion by Justice Rosenblatt (now Judge of the Court of Appeals), discussed Kaiser and its progeny and affirmed the Surrogate's determination, which had allocated equal shares among the three distributees. The allocation there, however, resulted from uncertainty as to the financial future of the children, created by the mother's remarriage and her new family unit. Thus, the Court found the "departure from Kaiser ... within the boundaries of an informed discretion," observing: "Experience has shown that there may be variations and factors calling for equitable adjustments to relax an otherwise inelastic application of Kaiser (supra). Its 'years of dependency' formula is not brittle, but malleable, and not beyond the exercise of the court's sound discretion." (189 AD2d at 517.)