White v. White

Order affirmed on the opinion of Valente, J., at Special Term.

Present — Dowling, P. J., Finch, McAvoy, Martin and Proskauer, JJ.

The following is the opinion of Valente, J.:

Valente, J.

This motion is stated to be “ to direct the administratrix to pay an alleged debt of the estate.” The said debt is unpaid alimony accrued under an order pendente lite in a separation action which has undoubtedly abated by 'the death of the husband. The motion is made in the separation action. A very little analysis shows that the motion will not lie. Of course there is no power in this court oh a motion such as…