auten v auten

• mr auten deserted his wife and children in England to move to New York
• his wide followed him and asked for a separation agreement with support
• it was executed in NY and a trust in NY was set up
• the contract had a release and prohibition for mrs auten to file any other related action
• mr auten failed to give support and had affairs.
• Mrs auten filed legal separation in England and specific performance in NY.
o Mr auten admitted contract for support but has defense that she filed legsep in England
which is violation of contract
• Validity = place of execution
• performance = place of performance
• place which has the most interest in the problem
o everything was in England except execution and trustee
• apply English law. Summary judgement of dismissal should not be granted