Foisie v. Foisie

Summary

The court held that the plaintiff could substitute the deceased former husband's coexecutors in a pending postjudgment proceeding under the applicable survival statute. Because the fraud-based motion sought reconsideration of financial orders rather than reinstatement of the marriage, the defendant's death did not defeat or render the proceeding useless. The court therefore reversed the denial of substitution and remanded for the trial court to grant the motion and conduct further proceedings.