Williams v. Williams

Following the death of plaintiff-wife dur-

ing the pendency of a matrimonial action, her attorneys sought an award of counsel fees for legal services rendered to her and costs incurred on her behalf prior to her death. The trial court, relying on Sutphen v. Sutphen, 103 N. J. Fq. 203 (Ch. 1928), denied the application. It concluded that the wife’s claim to an award of counsel fees and costs, like the matrimonial action, had abated at her death and could not thereafter be pressed in her favor. From the decision of the trial court, petitioners appealed to the Appellate Division. On petitioners’…