In re the Estate of Johnson

S. Samuel Di Falco, S.

The widow of the decedent seeks a vacatur of the decree issuing letters of administration to the brother of the decedent, the reopening of her default, and the issuance of letters to her. There is sufficient basis in the record to excuse the petitioner’s default. There is no doubt that the petitioner was married to the decedent, that she never instituted *75a proceeding for divorce, and that she was never served with any process in any divorce proceeding. The burden of proving that the petitioner abandoned the decedent rests upon the respondent. (Matter of Maiden, 284 N. Y.…