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WILLIAMS v. WILLIAMS

59 N.J. 229 (1971)

281 A.2d 273

JUNE A. WILLIAMS, PLAINTIFF, v. W. DANIEL WILLIAMS, DEFENDANT. FEINBERG, DEE & FEINBERG, ESQS., ATTORNEYS FOR DECEASED PLAINTIFF, PETITIONERS, v. W. DANIEL WILLIAMS, RESPONDENT.

The Supreme Court of New Jersey.

Decided September 10, 1971.

Attorney(s) appearing for the Case

Mr. Richard J. Feinberg argued the cause for petitioners (Messrs. Feinberg, Dee & Feinberg, attorneys pro se; Mr. Richard J. Feinberg, on the brief).

Mr. Paul J. Feldman argued the cause for respondent (Mr. Charles Frankel, attorney; Mr. Feldman, on the brief).

PER CURIAM:

Following the death of plaintiff-wife during the pendency of a matrimonial action, her attorneys sought an award of counsel fees for legal services rendered to her and costs incurred on her behalf prior to her death. The trial court, relying on Sutphen v. Sutphen, 103 N.J. Eq. 203 (Ch. 1928), denied the application. It concluded that the wife's claim to an award of counsel fees and costs, like the matrimonial action, had abated at her death...

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