In re the Estate of Haney

This case raises a novel question as to the survival of a cause of action for annulment. The decedent Joseph A. Haney married Regina Haney on August 9, 1958. He commenced an action for an annulment on the ground of fraud on November 28, 1958. The defendant wife defaulted and, after a hearing at which proof was taken, an interlocutory decree of annulment was granted on January 27, 1959. The decree was to become final under section 1176 of the Civil Practice Act, on April 27, 1959. Twelve days before that date, on April 15, 1959, the decedent died.

The decedent left a will in which he made no…