Spiro v. Spiro

Petitioners (attorneys) represented defendant’s wife in a separate maintenance action, and she died during the pendency of the action. Seeking to recover attorneys’ fees for their services rendered to her and reimbursement for expenses incurred on her behalf, petitioners filed a petition in the separate maintenance action. Also filed was an independent action at law against defendant, based on the theory that the legal services were “necessaries” of the wife and recoverable from the husband. The two actions were consolidated for hearing, and the trial court dismissed both.

On appeal the issues…