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KAY v. KAY

A-93 September Term 2008

985 A.2d 1223 (2010)

200 N.J. 551

Hildegard KAY, Plaintiff-Appellant, v. George KAY, Defendant. Bernard Kanefsky, Executor of the Estate of George Kay, Respondent.

Supreme Court of New Jersey.

Decided January 6, 2010.

Attorney(s) appearing for the Case

Thomas J. Hurley, argued the cause for appellant (Hurley & Laughlin, attorneys).

Samuel Mandel, Moorestown, argued the cause for respondent.

PER CURIAM.

Nearly two decades ago, this Court held that, in limited circumstances, equity permits one spouse to continue divorce litigation following the death of the other. Carr v. Carr, 120 N.J. 336, 349-50, 576 A.2d 872 (1990). More particularly, in Carr, supra, this Court concluded that a surviving spouse could continue divorce litigation for the limited purpose of proving that the...

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