In re the Estate of Shephard

—Crew III, J.

Appeal from an order of the Surrogate’s Court of Delaware County (Estes, S.), entered February 7, 1997, which, inter alia, granted respondent’s application to have letters of administration of the estate of Eleanor Shephard issued to him.

On December 29, 1995, Eleanor Shephard (hereinafter decedent) died as the result of an automobile/snowmobile collision. Decedent was survived by petitioners, her two sons, and respondent, her husband. Several months prior to decedent’s death, respondent commenced an action for divorce against decedent, and decedent answered and counterclaimed for…