New York Supreme Court June 15, 1896 (Dyer v. Dyer)

Chester, J.

The plaintiff moves to confirm a referee’s report. The action was brought by the plaintiff as the widow and devisee of James Dyer to have set off to her the share to which she is *422entitled in her husband’s real estate under the following clause of his will: ■ ' ■

“I give.and devise, to my wife Mary M.