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WIFE v. HUSBAND

271 A.2d 51 (1970)

WIFE, Plaintiff, v. HUSBAND, Defendant.

Court of Chancery of Delaware, New Castle.

October 23, 1970.

Attorney(s) appearing for the Case

Vincent A. Theisen, of Theisen, Lank & Kelleher, Wilmington, and Thomas Muncy Keith, of Keith & Koffenberger, Wilmington, for plaintiff.

E. Dickinson Griffenberg, Jr., Wilmington, amicus curiae.

DUFFY, Chancellor:

This is an action for separate maintenance by a wife (plaintiff) against her husband (defendant). Defendant has never been served and jurisdiction is based entirely upon sequestration of his property.

Under the very unusual circumstances shown by the record, I am satisfied that plaintiff has proved her right to separate maintenance and to a lump sum award out of defendant's estate,1 if the Court has jurisdiction...

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