In re the Estate of Campbell

Delehanty, S.

A sister of deceased petitioned for letters of administration on Ms estate. His surviving spouse then filed a cross petition for letters. The pleadings pose the issue whether the surviving spouse abandoned deceased. The original petitioner asserts that the surviving spouse forfeited all interests in deceased’s estate by reason of said abandonment.

It is settled law that the burden of establishing abandonment is upon those who allege the fact (Matter of Rechtschaffen, 278 *843N. Y. 336). It is also settled law that abandonment under the statute is not proved by a mere showing that the…