Wiley

This is an appeal by defendant from an order made on application of plaintiff in an action for divorce.

Mrs. Wiley applied for alimony pendente lite, costs, attorneys’ fees and an accountant’s fee. She also sought an order permitting the inspection and copying of books and records relating to property in which she claimed a community interest, but which Wiley claimed as his separate property. The matters were heard together. Upon the hearing the court made an order allowing the inspection and ordered Wiley to pay $1,000 a month temporary alimony, $638 in court costs, $8,000 directly to his wife’s attorneys as fees for services rendered and to be rendered, and a $1,500 accountant’s fee. The order was entered June 25,1959; Wiley filed timely notice of appeal; upon the filing of an undertaking the order was stayed as to the award of fees and one-half the award of monthly support. Wiley died October 27th; M. B. Jackson was appointed special administrator of his estate and was ordered substituted as defendant in the case.

Defendant’s first contention is that “The order for temporary alimony, attorneys’ fees, and costs is a provisional remedy, dependent upon the pendency of the…