Ordered that the order is reversed, on the law, with costs payable by the respondent personally, the petition is granted, and the proceeds of the certificate of deposit are to be delivered to the decedent's estate.
We find that the Surrogate's Court erred in placing the burden of proving undue influence upon the petitioner. Normally, the burden of proving undue influence rests with the party asserting its existence (see, Allen v La Vaud, 213 N.Y. 322...
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