De Lisle v. Herbs , 32 N.Y. Sup. Ct. 485 ( 1881 )

Bookes, J.:

I concur in the opinion. I think a new trial should be granted, as per opinion.

Learned, B. J.:

Nothing in the opinion should be construed as deciding that the dower should be one-third of the present value of the property instead of one-third of the value at the time of alienation. (Marble v. Lewis, 53 Barb., 432, and other cases; 4 Kent’s Com., 66.) Query: Is a new trial necessary ?

Judgment reversed, new trial granted, costs to abide event.