period of the statute of limitations existing in the Commonwealth of Pennsylvania.
Under the Wrongful Death Statute the surviving spouse is the individual who is required to institute the action in the manner heretofore set forth for the exclusive benefit of the surviving spouse, children or parents of the decedent, surviving him or her and living at the time the action is instituted, and the amount which is recovered is taken in the same manner as the assets of the decedent's estate are administered in a case of intestacy and are free from all claims or liability to the creditors of the decedent. McFadden v. May, 325 Pa. 145, 148, 189 A. 483.
Another element of damage under the Wrongful Death Statute, which the next of kin is entitled tois the sole beneficiary. It does, however, affect the amount recovered. If one of the beneficiaries is guilty of contributory negligence, he is not allowed to benefit by the statute. The amount which he would have received, had he not been negligent, is deducted from the amount recoverable by the dependents as a group; the rest being distributed among the survivors as though the negligent beneficiary did not exist. Since under the facts in this case William Charles Barringer, in the opinion of the Court, was guilty of negligence and he is the sole next of kin, he would not be entitled to recover under the Wrongful Death Statute in the Commonwealth of Pennsylvania, regardless of the negligence of the Roadway Transit Company. Restatement of the Law of