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Estate of Margarita Albertha Henry, deceased

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In this proceeding to compromise and judicially account for the proceeds of a cause of action arising from the decedent’s death, the administrator, a daughter of the decedent, seeks to disqualify the pro se objectant as a surviving spouse on the ground of abandonment (EPTL 5 -1.2[a][5]). Although the objectant concedes that he married another woman while the decedent was still alive, he nevertheless asserts that he did not abandon the decedent.

The decedent died intestate on May 30, 2004 as a result of injuries sustained as a passenger in a motor vehicle accident. In addition to the petitioner, the decedent’s presumptive distributees are five other adult children and the objectant. The five other children and the New York State Department of Taxation and Finance consent to the relief requested.

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