Drucker v. Drucker

Defendant husband died after the court had entered a preliminary order against him for support in a separate maintenance suit, but before any order awarding attorneys’ fees had been made. The preliminary order which allowed support said, concerning attorneys’ fees:

“The question of costs and sums for attorneys’ fees shall be deferred at this time.”

The issue on this appeal is whether the death of the defendant husband abated the proceeding so that the trial court was without jurisdiction after the death to enter a subsequent order for support and attorneys’ fees. The trial court believed that…