MATTER OF VOGEL

Decree unanimously affirmed, with costs to respondents, payable by appellant personally. The burden of establishing that the husband abandoned the deceased wife was upon the executors who alleged that fact. ( Matter of Green, 155 Misc. 641; affd., 246 App. Div. 583.) They amply sustained that burden without recourse being had to the certificate of conviction of the husband in the Domestic Relations Court (Family Court) of the City of New York, County of Kings.