Foote v. Peaslee

Hasbrouck, J. (dissenting):

This case comes here under a submission properly made in accordance with section 546 of the Civil Practice Act.

It shows among others the following facts, a knowledge of which is regarded as essential to any determination of the controversy.

Jonathan G. Witherbee was possessed in his day and generation of a very considerable estáte. He was twice married. First to *334Charlotte Spencer who separated from him on or before the 23d day of July, 1867, and for whose support and maintenance he made provision during such separation. Later and on the 9th day of January, 1869,…