In re the Estate of Brennan

Appeal from a decree of the Surrogate’s Court of Greene County (Fromer, S.), entered July 14, 1989, which, inter alia, adjudged that respondent was not entitled to any share of the proceeds from a wrongful death action involving decedent.

EPTL 4-1.4 (a) provides that "[n]o distributive share in the estate of a deceased child shall be allowed to a parent who has failed or refused to provide for, or has abandoned such child”. The sole issue on this appeal is whether the evidence in the record supports the application of this provision by Surrogate’s Court to respondent, the father of the…