Legal Opinion

Lepsch v. Lepsch

Appellate Division of the Supreme Court of the State of New York

Decided June 24, 1949Published

1Opinion of the CourtTaylor, P. J.

This action was brought by the former wife of defendant’s testator to recover alimony alleged to be in arrears at the husband’s death, and to enforce against his estate other provisions for her support contained in a separation agreement and incorporated in a divorce decree. The recovery of *413unpaid alimony was denied on the ground that there had been an alteration of the separation agreement between the parties which reduced payments from $150 a month to $100 a month. Also, it was held that the husband’s duty to pay alimony terminated with his death. Plaintiff does not appeal.

Defendant appeals…

2Cases cited9 opinions

  1. Wilson v. . HinmanNew York Court of Appeals · 1905
  2. Barnes v. KlugAppellate Division of the Supreme Court of the State of New York · 1908
  3. W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
  4. Larned v. . HudsonNew York Court of Appeals · 1875
  5. Babcock v. BabcockNew York Supreme Court · 1933

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