What is the test for proving a claim against a person who has died without cause of death?

"New York", United States of America

The following excerpt is from Horton v. State, 272 N.Y.S.2d 312, 50 Misc.2d 1017 (N.Y. Ct. Cl. 1966):

That this method of proof is slender and inadequate is true, but it is all that is possible and while it should be used, more cannot be required. The main elements to be considered are the age of the decedent, health, habits, qualities, intelligence, expectation in life, earning ability, income, the prospect of increased income, the number, age, sex and situation of those dependent upon him for support and his disposition to support them well or otherwise. Sider v. General Elec. Co., 238 N.Y. 64, 143 N.E. 792, 34 A.L.R. 158, Finkel v. State of New York, 37 Misc.2d

Page 319

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