Urdiales v. St. Paul Mercury Ins. While not controlling authority, a Missouri court succinctly addressed the problem faced by the Defendant in the case sub judice. Any recovery in a wrongful death action is for the benefit of those who sue or are entitled to sue and of whom the court has notice. The individual interests of the beneficiaries become separable only after the indivisible cause of action becomes merged in a judgment. . . . Under the wrongful death statutes, it is impossible to reduce a defendant's liability to one of several claimants prior to judgment because no claimant has an individual interest until apportioned one by the court.
Apportionment takes place only after judgment is entered against the defendant.
In addition, Mississippi law requires prior chancery court approval of any settlement of claims belonging to an estate. The court or chancellor shall specify the terms, conditions, and notice of such sale. Miss. Code Ann. Mississippi court rules further delineate the steps required to compromise such a claim. Nothing in the record indicates that the parties to the Agreement took any steps to obtain chancery court approval of the settlement and assignment of rights.