Summary
In Cameron v. Cameron, supra, a complaint for modification seeking an award of alimony brought by a wife after her husband's death was held to have been properly dismissed.
Summary of this case from Barron v. PuzoOpinion
November 1, 1940.
W.B. Perry, Jr., for the petitioner.
N.M. Gediman, for the administrator.
Interlocutory decree affirmed. Final decree affirmed. This petition was brought in the Superior Court for the modification of a decree of divorce by providing therein for an award of alimony to the petitioner, the libellant in the divorce action. It was brought after the death of the libellee, whose administrator de bonis non was summoned to answer. Proceedings resulting in an interlocutory decree and in a final decree dismissing the petition need not be recited. From each of these decrees the petitioner appealed. There was no error. The petition cannot be maintained since there is no nonstatutory right to alimony, and the statutes relating thereto "contemplate proceedings . . . between living parties and the making of orders to operate prospectively in accordance with the existing financial condition of the parties . . . [and] do not justify orders or judgments made after the death of a necessary party, operating retroactively." Gediman v. Cameron, 306 Mass. 138, 140-141.