Van Wyck v. Stapp

The present action is one brought by the mother of an alleged incompetent to annul the marriage of her son to defendant.

We deem the procedure followed in this case was improper in so far as it fixed counsel fees and expenses in this action to be paid to the defendant wife. The order does not provide by whom the money is to be paid. In an action brought pursuant to the provisions of section 1137 of the Civil Practice Act by the mother of an alleged incompetent to annul his marriage on the ground of his-insanity at the time of the marriage, the mother, as plaintiff, cannot be compelled to…