Frank v. Frank

Plaintiff’s cause of action requires her to establish that an antenuptial agreement fixing her rights in the event of marital difficulties was procured by fraud and that the provisions made therein were inadequate considering the husband’s means. As a part of the relief demanded she asked that this agreement be set aside.

While it is unusual to grant examinations before trial as to the husband’s means in a separation action, this rule does not apply where it is necessary as here to show that a separation agreement has been procured by fraud and makes inadequate provision for the wife. As was…