Surpless v. Surpless — 237 N.Y. 507

Majority

p. 507

Catherine L. Surpless, Appellant, v. Oliver B. Surpless et al., Respondents.

Headnote

Dower — action to recover ■ — • defense of acceptance of provision under will in lieu thereof.

Surpless v. Surpless, 206 App. Div. 717 , affirmed.

(Argued October 15, 1923;

decided November 20, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1923, affirming a judgment in favor of plaintiff entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The action was to recover dower in addition to the provision made for plaintiff by the will of her deceased husband. The defense was that the provision so made was in lieu of dower and that plaintiff had so accepted the same.

James Crooke McLeer for appellant.

Abner C. Surpless and George W. McKenzie for respondents.

p. 508

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cabdozo and McLaughlin, JJ. Dissenting: Pound, Crane and Andrews, JJ.