Opinion
December 29, 1942.
This is an appeal by plaintiff-husband from an order granting defendant-wife a counsel fee in the sum of $750 to enable her to defend this action brought for divorce. Pursuant to a separation agreement entered into on the 9th day of March, 1938, plaintiff-husband agreed to pay to defendant-wife during the term of her natural life a sum equivalent to one-half of his earnings, payable weekly. He has fulfilled his contract and has made payments accordingly. In the circumstances the award made by the order appealed from is unreasonable and excessive and should be modified by a direction that the plaintiff pay to the defendant the sum of $200 as and for her counsel fees, instead of $750, as stated in said order; $100 thereof to be paid upon the service of a copy of said order as so modified, and the balance, to wit: the sum of $100, at the opening of the trial of the action. Order appealed from modified accordingly, without costs. Heffernan, Schenck and Foster, JJ., concur; Hill, P.J., and Bliss, J., concur for modification but vote for an allowance of $350. [See ante, p. 984.]