Donovan

This is an appeal by the defendant husband from a separate order made after entry of the interlocutory judgment of divorce (wherein the plaintiff wife was granted costs and counsel fees on the appeal) and from an order denying the husband’s motion for leave to sell personal property (the three horses of the parties).

On March 11, 1963, there was filed a notice of motion on the part of the wife’s counsel that the wife would seek an order directing the husband to pay the wife’s costs on appeal *702 and to award the wife’s counsel fees to resist the appeal taken by the husband. The motion was made upon the ground that the wife had no funds with which to defend the appeal.

The husband filed on March 13, 1963, a notice of motion for leave to sell the three horses, two of which were with foal, the horse trailer, feed and pertinent equipment. The declaration of the husband in connection with such matters set forth that the horses had been ordered sold in the interlocutory judgment of February 13, 1963, that the feed bill was a considerable amount and to continue with the horses would result in depletion of the assets of the community, that money was deperately needed to pay delinquent…