Haviland v. Haviland

CAVANAUGH, Judge:

This appeal is from an order granting appellee-wife’s motion to strike appellant, executor of her deceased hus band’s estate, as a substituted party to this divorce action and to terminate the action. We affirm.

The relevant facts are not in dispute. On August 6, 1981, appellee filed a complaint in divorce against her husband, appellant’s decedent, based alternatively on theories of indignities and irretrievable breakdown. Appellant answered and counterclaimed for equitable distribution of the marital property. A master was appointed, but before any testimony was taken,…