In re the Estate of Lapenna

In a proceeding by petitioner, the decedent’s widow, for the issuance to her of letters of administration, in which the respondent, decedent’s brother James Lapenna, interposed an objection on the ground that the petitioner had abandoned the decedent, the petitioner appeals from a decree of the Surrogate’s Court, Queens County, rendered February 28, 1961 upon the decision of the court after a non-jury trial, which adjudged that she abandoned the decedent and therefore was not a distributee entitled to share in his estate, and which dismissed her petition *656(Surrogate’s Ct. Act, § 118; Decedent…