In re McGrath — 271 A.D.2d 1025

Majority

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In the Matter of the Estate of Theresa C. McGrath, Deceased. Jerome F. Breen, as Executor of Theresa C. McGrath, Deceased, Appellant; John

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McGrath, Respondent.

Decree of the Surrogate’s Court, Richmond County, determining respondent’s rights under section 18 of the Decedent Estate Law, and denying appellant’s application to set aside and deny respondent’s right of election pursuant to that section, on the grounds of abandonment and nonsupport, unanimously affirmed, with costs, payable out of the estate. No opinion. Present — Hagarty, Acting P. J., Carswell, Johnston, Adel and Nolan, JJ.