AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of the Estate of JOHN M. BALSAM, Deceased. CLARICE DIXSON, Formerly BALSAM, Appellant; DOROTHEA F. BALSAM, as Administratrix of the Estate of JOHN M. BALSAM, Deceased, et al., Respondents.

Appellant, the only child of decedent by his first marriage, seeks to revoke letters of administration granted to decedent's second wife on the ground that an Arkansas divorce decree obtained by decedent in 1934, after the appearance in the action by decedent's first wife, was invalid. Order of the Surrogate's Court, Nassau County, striking from the petition allegations respecting the invalidity of the divorce decree, and dismissing the petition for revocation for the reason that the allegations remaining after striking therefrom the sham allegations failed to allege any ground for the revocation, affirmed, with $10 costs and disbursements to respondent Dorothea F. Balsam. When prima facie proof of the validity of the Arkansas decree was produced by the moving party in support of the motion to strike out as sham the allegations respecting the invalidity of such divorce decree, it was the duty of appellant to come forward with proof to show that the allegations sought to be struck out were not, in fact, false. ( Levy v. Jones, 269 App. Div. 295; Zwerdling v. Bent, 264 App. Div. 195; People v. McCumber, 18 N.Y. 315, 324-325.) In the absence of such proof, the motion to strike out as sham the allegations respecting the invalidity of the Arkansas divorce decree was properly granted. Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur. [See post, p. 769.]

Use AI to get other relevant cases.

Comments

MATTER OF BALSAM
(Feb 28, 1949)