Majority
p. 504Anna J. M. Lockwood, Appellant, v. Manice De F. Lockwood, Individually and as Executor and Trustee of William B. E. Lockwood, Deceased, et al., Respondents. (Submitted March 22, 1923; decided April 24, 1923.)
Headnote
Husband and wife — dower — action for admeasurement of dower — determination of question whether ‘plaintiff is widow of decedent.Lockwood v. Lockwood, 201 App. Div. 657 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 20, 1922, affirming a judgment in favor of defendants entered upon a verdict. The action was for the admeasurement of dower. It was stipulated that the only question to be determined by the jury was whether or not the plaintiff is the widow of William B. E. Lockwood. The court submitted this question to the jury in the following form: “Was the plaintiff married to William B. E. Lockwood on July 16, 1915? ” and the jury was directed to answer this question “ Yes ” or “No.” They jury brought in a verdict answering the said question “No.”
p. 505
Jerome A. Strauss and Max D. Steuer for appellant.
Middleton S. Borland and Percy F. Griffin for respondents.
Judgment affirmed, with costs; no opinion.
Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.