The single question is whether sufficient facts were established satisfactorily that cross petitioner-appellant (appellant), husband of the decedent, abandoned his deceased spouse, and such abandonment continued until the time of death (EPTL 5-1.2, subd. [a], par. [5]) so as to warrant affirming the decree. In resolving the question all circumstances are to be considered. Abandonment involves more than a technical physical separation, it must be without justification and...
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