
    Walter O. Butler, Respondent, v. Edward H. Sherwood, Individually and as Administrator of the Estate of Ella F. Sherwood, Deceased, Appellant.
    
      Decedent’s estate — deed —■ action to set aside deed — instrument of testamentary character which does not comply with statutory requirements of will void.
    
    
      Butler v. Sherwood, 196 App. Div. 603, affirmed.
    (Argued May 4, 1922;
    decided May 31, 1922.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 13, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to set aside a deed, executed by Ella F. Sherwood, deceased, to her husband, whereby said Ella F. Sherwood, in consideration of one dollar, remised, released and quit-claimed to her husband, his heirs and assigns forever, all of her real estate and personal property, providing, however, that “ this conveyance and transfer are made upon the condition that the party of the second part, my husband, survive me, and the same is intended to vest and take effect only upon my decease and until said time the same shall be subject to revocation upon the part of the party of the first part.” The trial court held that the instrument relied upon by defendant was of a testamentary character and did not comply with the statutory requirements of a will and was, therefore, void.
    
      Willard A. Rill for appellant.
    L. R. Chase for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  