The question to be determined is one of intent. In such circumstances I am of opinion that it was incumbent upon the appellant to submit the affidavit of herself or her husband, or both, in which their intent would be unequivocally stated. It is noteworthy that neither one has seen fit to place herself or himself upon record upon this vital issue.
I, therefore, dissent and vote to affirm.
Order reversed, with twenty dollars costs and disbursements, and motion granted.