House v. House

The libellant (wife) was granted a decree nisi for divorce on the ground of cruel and abusive treatment. At the time of the granting of the divorce, the judge denied the wife’s application for counsel fees in connection with the maintenance of the libel on the ground that Rule 47 of the Rules of the Probate Courts (1959) was unconstitutional as violative of the Fourteenth Amendment to the Constitution of the United States. We granted the wife’s application for direct appellate review.

Rule 47 of the Rules of the Probate Courts (1959) sets forth certain requirements which must be met by a wife…