Fulling v. Fulling

Seitz, Chancellor:

Plaintiff-wife filed a petition under 13 Del. C. § 1530, seeking an order requiring her husband to pay attorney’s fee and expenses. This Court denied the petition. Thereafter re-argument was granted to the extent plaintiff’s motion raised the question of the right of the Court to consider plaintiff’s principal estate in determining whether expenses would be allowed under the statute. This is the decision thereon.

The statute in question reads as follows:

“The court may grant alimony to the wife for her sustenance pending her petition for divorce, and order and direct the…