In re the Estate of Hernandez

OPINION OF THE COURT

Lee L. Holzman, J.

In this proceeding to receive the proceeds of causes of action arising from decedent’s death and to judicially account therefor, petitioner also seeks to bar decedent’s husband from receiving any distributive interest in the recovery on the ground that he abandoned decedent (EPTL 5-1.2 [a] [5]). Re*138spondent spouse has filed objections to the account insofar as it alleges that he abandoned decedent and seeks to bar him from a distribution of the net proceeds of the settlement. Moreover, objectant has demanded a jury trial of his objections. Although…