Collins v. Vaine

Order unanimously reversed, without costs, and motion denied. Memorandum: Counsel for the deceased wife in a matrimonial action appeals from an order of Special Term, made after his client’s death but before her administrator was appointed, which allowed him additional counsel fees of $350. The attorney claims that the award is inadequate. The order is reversed and the motion for counsel fees denied without prejudice to a plenary action by counsel against the husband or against the estate of his client or against both. Upon the wife’s death, the divorce action abated and there was no party…