The defendant-appellant, Lehigh Valley Railroad Company, was permitted to intervene as a party and to take part in this proceeding. The burden of proving the invalidity of the marriage of Lulu and Matthew was upon them. The burden has not been met in this proceeding. ( Matter of Conley, 137 Misc. 455; Matter of Tompkins, 207 A D 168.) The evidence in the record supports the decree of the surrogate which should be affirmed. Decree of the surrogate unanimously affirmed, with separate bills of costs to the appellant-respondent and the special guardian.