Abate v. Abate

The basis of the action is non-age of the plaintiff, mixed with elements of duress and fraud. The right of the wife in such a matter has been the subject of diversity of opinion in the courts of this State. As to her right to claim maintenance for herself in such a situation, there is a unanimity of views adverse to her. Were she defendant in such an action her rights would be determined under the well-settled rule in Higgins v. Sharp (164 N. Y. 4), which sustained the demand for alimony and counsel fees, the court saying (at p. 9): “ It seems to us, therefore, that actions to annul a…