MURRAY BY MURRAY v. Murray

Toal, Justice:

This appeal arises from the order of the family court which denied appellant-wife’s motion to dismiss a divorce action and her request for sanctions. We remand in part and affirm in part.

FACTS

Respondent-husband and wife are 87 and 80 years old, respectively. They were married, each for the second time, in 1972. In January 1990, husband became ill. After a two-week hospitalization, husband went to the home of his son from his first marriage, Allan Murray (son), where he received around-the-clock care. He was placed in a nursing home in October 1991.

In December 1989, husband…