In re the Estate of Morris

*636After the decedent died in 2006, the petitioner, whom the decedent married in 1971, commenced this proceeding pursuant to SCPA 1001 to obtain letters of administration for her estate. The decedent’s two daughters (hereinafter the objectants) filed objections to the petition on the grounds that the petitioner was not qualified as a surviving spouse within the meaning of the EPTL because he had abandoned the decedent pursuant to EPTL 5-1.2 (a) (5), and had failed to support her pursuant to EPTL 5-1.2 (a) (6). A hearing was held on the objections. Although it is undisputed that the parties had…