Section 18 of the Decedent Estate Law provides for the right of election by a surviving spouse against or in the absence of testamentary provision contained in the will and subdivision 4 thereof states: "No husband who has neglected or refused to provide for his wife, or has abandoned her, shall have the right of such election". The record discloses that the husband and his deceased wife were married in June, 1948 and lived together at her home until May 2, 1954, at which...
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