In re the Estate of Klimenko

Delehanty, S.

This is a proceeding to revoke letters of administration granted to respondent and another designated by her on a petition in which respondent asserted that she had the status of surviving spouse of deceased. The basis to the petition is the asserted fact that respondent could not validly enter into a marriage with the deceased and that in fact she is the wife of one Matheus Herasymczuk.

On September 6, 1914, a valid ceremonial marriage was entered into by respondent with Herasymczuk. Later husband and wife separated. Respondent here testified that she was deserted by Herasymczuk.…