Beene v. Beene

• Decision Date: 08 January 1898
• Citation: 43 S.W. 968
• Parties: BEENE v. BEENE.
• Court: Arkansas Supreme Court

43 S.W. 968

BEENE v. BEENE.

Supreme Court of Arkansas.

January 8, 1898.

Appeal from circuit court, Pike county, in chancery; Will P. Feazell, Judge.

Bill by Sarah F. Beene against W. F. Beene for divorce. From the decree of the court with reference to the custody of two children, and as to the alimony, plaintiff appeals; and from the decree dismissing his cross bill, and as to the custody of two other children, and as to alimony, defendant takes a cross appeal. Reversed.

W. C. Rodgers, for appellant. J. D. Shaver and W. S. & Farrar L. McCain, for appellee.

BUNN, C. J.

This is a bill by the wife against the husband for divorce, for alimony, and for the custody of the children. The defendant filed his answer and cross bill, and the prayer of plaintiff for divorce was granted. Alimony was allowed to the extent of one-third of the ascertained value of defendant's estate, after deducting his indebtedness; and, of the four children, the plaintiff was awarded the custody of the two girls, Lena A. Beene and Mary Gracie Beene, aged at the time of the hearing, respectively, six years and one year, and the defendant was awarded the custody of the two boys, W. Ray Beene and Morgan Beene, aged at the time, respectively, eight and four years, and that "both plaintiff and defendant should permit the other to visit and see the children, respectively awarded to them, at all reasonable times." And the cross bill of defendant was dismissed. From this decree, as to alimony, and the awarding the custody of the two boys to defendant, the plaintiff appealed; and the defendant took a cross appeal from the decree dismissing his cross bill, and on the question of alimony, and awarding the custody of the two girls to the plaintiff.

The evidence adduced in the case is certainly not very complimentary to either party, in respect to their treatment of, and deportment towards, each other, showing an almost total absence of that love and affection which should characterize those sustaining the marital relation to each other; and yet there is little to aid us in determining what has been, or what probably will be, the conduct of either in the treatment of their children. There is little from which we could infer any unusual presence or absence of parental love and affection for the children on the part of either. The consequence is that the proper disposition of their children can only be determined from circumstances such as the physical condition and ability of the parents...