Dufour v. Lobdell

In this action for partition of real property plaintiff moves for summary judgment. Plaintiff and defendant Leon B. Lobdell were married to each other on February 16, 1961 and two children were horn of the marriage. On April 29, 1963 real property in the Town of Butternuts, Otsego County, consisting of a farm of approximately 128 acres was *461conveyed to Leon R. Lobdell and Sharon M. Lobdell as tenants by the entirety.

On August 6, 1969 plaintiff and defendant Leon R. Lobdell entered into a written separation agreement. Insofar as pertinent to this action the agreement provides:

“ 1. The parties…