Wife v. Husband

DUFFY, Chancellor:

This is an action for separate maintenance by a wife (plaintiff) against her husband (defendant). Defendant has never been served and jurisdiction is based entirely upon sequestration of his property.

Under the very unusual circumstances shown by the record, I am satisfied that plaintiff has proved her right to separate maintenance and to a lump sum award out of defendant’s estate, 1 if the Court has jurisdiction upon which to proceed. Because of the uncertainty as to this, the Court on its own motion appointed an amicus curiae to argue in opposition to plaintiff.

A

The…