Opinion
June Term, 1897.
Judgment reversed and a new trial ordered, with costs to abide the event.
The plaintiff acquired under the will of her husband no interest in the lot conveyed by George S. Riley to James Riley and John Riley, by a deed dated June 18, 1855, and recorded in the office of the clerk of the county of Monroe in Book No. 127 of Deeds, at page 58. The question of her right to dower in the undivided part of the premises of which her husband died seized not having been considered in the court below nor discussed on this appeal, and no committee having been appointed for John Riley, an insane defendant, who is the owner of three-eighteenths of the premises, the judgment should be reversed, and a new trial granted, with costs to the appellants to abide the final award. (See opinion in Sweeney v. Wilson, 18 App. Div. 467.) All concurred, except Adams, J., dissenting.