
    In the Matter of the Claim of Mary S. Hill against Morrell Vrooman et al., Respondents. State Industrial Board, Appellant.
    
      Workmen’s compensation — husband and wife — woman who with husband living lives wilh another man as his acknowledged wife for a number of years and continues such relationship after death of husband without further affirmative. act or declaration, not entitled to compensation as widow upon his death through accident.
    
    
      Hill v. Yrooman, 215 App. Div. 847, affirmed.
    (Argued February 24, 1926;
    decided March 30, 1926.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 8, 1926, reversing an award of the State Industrial Board, made under the Workmen’s Compensation Law, and dismissing the claim. George A. Hill was tilled by an accident arising out of and in the course of his employment. Claimant, claiming to be his common-law widow, made claim for compensation. It appeared that they had lived together for a period of twenty-three years in an acknowledged relation of husband and wife. They publicly declared themselves as such, she assuming his name. In the meantime claimant had a husband living; she and decedent had full knowledge of all the facts and also of the fact that they were legally incompetent to enter into a contract of marriage, common law or otherwise. After the death of the husband they continued to live under the same conditions and relations without further affirmative act or declaration or any ceremonial marriage. The Appellate Division held that claimant was not the widow of the deceased employee.
    
      Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for appellant.
    
      Clarence B. Tippett for respondents.
   Order affirmed, with costs against State Industrial Board; no opinion.

Concur: His cock, Ch. J., Pound, Andrews and Lehman, JJ. Dissenting: Crane, J. Absent: Cardozo and McLaughlin, JJ.  