Egan v. Sweeney

This controversy was submitted to the court for decision upon an agreed statement of facts, the essentials of which are as follows:

The plaintiff and defendant, Flora Mae Sweeney, were married in 1925. On June 25,1926 they acquired title, as tenants by the entirety, to a one-family residence. In 1944 the parties were separated and an agreement executed by them provided, in part, as follows: ‘ ‘ The parties hereto now being co-owners *346of premises number 248-47 88th Road, Bellerose, New York City, presently occupied by the husband, do hereby agree that the husband shall continue to occupy said…