MATTER OF BRENNAN


169 A.D.2d 1000 (1991)

In the Matter of The Estate of Jeremiah C. Brennan, Also Known as Geremiah C. Brennan, Deceased. Darla Vincent, as Administrator of The Estate of Jeremiah C. Brennan, Also Known as Geremiah C. Brennan, Deceased, Respondent; Roy Brennan, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 31, 1991


Casey, J.

EPTL 4-1.4 (a) provides that "[n]o distributive share in the estate of a deceased child shall be allowed to a parent who has failed or refused to provide for, or has abandoned such child". The sole issue on this appeal is whether the evidence in the record supports the application of this provision by Surrogate's Court to respondent, the father of the deceased child whose death in 1987 resulted in a wrongful death action. We agree with respondent...

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