In re the Estate of Ball

Appeal from an order and decree of the Surrogate’s Court of Tompkins County (Rowley, S.), entered April 5, 2004, which, inter alia, adjudged decedent’s father to be disqualified from taking an intestate share of decedent’s estate.

Petitioner and respondent are the nonmarital parents of decedent (born in June 2001) who died in February 2003 while in daycare. Both parents applied for limited letters of administration to commence a wrongful death action. Petitioner objected to respondent’s petition alleging, among other things, that he should be disqualified from taking an intestate share of…