
    Margaretta Sullivan, Respondent, v. William P. Sullivan et al., Appellants.
    
      Real property — dower — husband and wife — woman who obtains divorce in foreign state does not lose thereby her dower interest in real property owned by husband during the marriage — violation by her of provision of former divorce prohibiting her remarriage does not affect her right to dower in property of second husband.
    
    
      Sullivan v. Sullivan, 209 App. Div. 910, affirmed.
    (Argued December 4, 1924;
    decided December 19, 1924.)
    Appeal from a judgment, entered July 2, 1924, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff. The action was to set aside a deed of real property in so far as it purported to convey plaintiff’s inchoate right of dower therein. The question at issue was whether a woman who obtains a divorce in a foreign state retains her dower interest in real property owned by the husband while the marriage existed. Also, whether the fact that the woman in marrying had violated a provision contained in a prior decree of divorce obtained by a former husband, prohibiting her remarriage, affected or prevented the assertion by her of dower rights in real property of the second husband.
    
      Evarts L. Prentiss and James G. Moore for William P, Sullivan, appellant.
    
      John S. Russell and Clarence F. Corner for Henry Schafer, appellant.
    
      Louis A. Brown for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.  