June Term, 1899. George Wilcox, for the plaintiff. Murtha Tucker, for the defendants. HATCH, J.: The agreed statement of facts discloses that William G. Peirson in his lifetime was the owner of certain real property situate in the borough of Brooklyn, in which his wife, Martha W. Peirson, had an inchoate right of dower. In November, 1895, Peirson and his wife entered into a contract with Robert C. Hopkins, whereby Hopkins agreed to purchase said property and assume the payment of the first mortgage