Bell v. Little

Headnote

Dowei--husband and wife — divorce in foreign state of resident of this state without personal service upon husband or his appearance in action — her marriage to another in said foreign state who had knowledge of facts, invalid in this state ■ — ■ not entitled to dower in estate of second husband.

Bell v. Little, 204 App. Div. 235 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10, 1923, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court at an Equity

Term. The action was brought to establish and admeasure plaintiff’s alleged dower rights in real estate of which one James Bell died seized. The defense was that plaintiff was not the lawful wife of James Bell, she having another husband living. It appeared that plaintiff, a resident of this state, abandoned her husband and went to Pennsylvania for the sole purpose of obtaining a divorce. In her action brought for that purpose process was never served personally upon her husband nor did he appear in the action. Bell, a resident of this state, with knowledge of these facts went to Pennsylvania and married plaintiff after she procured her decree and they then returned to this state and lived together as husband and wife until the death of Bell. It was held that plaintiff had no dower interest in the estate.