From Casetext: Smarter Legal Research

Matter of Vogel

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1937
251 App. Div. 741 (N.Y. App. Div. 1937)

Opinion

May 21, 1937.

Appeal from Surrogate's Court of Kings County.

Present — Lazansky, P.J., Carswell, Davis, Johnston and Taylor, JJ.


Decree unanimously affirmed, with costs to respondents, payable by appellant personally. The burden of establishing that the husband abandoned the deceased wife was upon the executors who alleged that fact. ( Matter of Green, 155 Misc. 641; affd., 246 App. Div. 583.) They amply sustained that burden without recourse being had to the certificate of conviction of the husband in the Domestic Relations Court (Family Court) of the City of New York, County of Kings.


Summaries of

Matter of Vogel

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1937
251 App. Div. 741 (N.Y. App. Div. 1937)
Case details for

Matter of Vogel

Case Details

Full title:In the Matter of the Probate of the Last Will and Testament of ROSE VOGEL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 21, 1937

Citations

251 App. Div. 741 (N.Y. App. Div. 1937)

Citing Cases

Matter of Maiden v. Maiden

The burden of establishing that the petitioner abandoned her deceased husband was upon the administrator with…