Biggs v. Biggs, 31848
| Decision Date | 16 November 1965 |
| Docket Number | No. 31848,31848 |
| Citation | 397 S.W.2d 337 |
| Parties | Nancy BIGGS, Plaintiff-Appellant, v. David C. BIGGS, Defendant-Respondent. |
| Court | Missouri Court of Appeals |
Bartlett, Muldoon, Stix & Bartlett, Daniel Bartlett, Jr., St. Louis, for plaintiff-appellant.
Boyle, Priest, Elliott & Weakley, Edward Weakley, Aubrey B. Hamilton, St. Louis, for defendant-respondent.
This is a divorce action brought by Nancy Biggs against her husband David C. Biggs. The prayer of the petition was for a divorce; an award of alimony to plaintiff; custody of the three children born of the marriage, with an allowance for their support; reasonable visitation rights to defendant; an attorney's fee for plaintiff's attorney; and, the cost of the proceedings.
Defendant's answer, after admitting his marriage to plaintiff and the birth of three children, denied each and every allegation of the petition.
On November 25, 1964, the court rendered its final judgment. By said decree, plaintiff was granted a divorce; alimony in gross in the sum of $25,000, which, by agreement of the parties, could be satisfied by defendant's transfer to plaintiff of the premises known as and numbered 5370 Waterman Avenue, St. Louis, Missouri; monthly alimony in the sum of $300.00 per month; custody of the three children to plaintiff; child support in the sum of $100.00 per month for each child; payment by defendant of all school tuition and other school fees, summer camp tuition together with all transportation costs therefor; direction that the parties confer from time to time about proper schools, and camps for children and, failing agreement, to submit such question to the Court for determination; that defendant pay all medical expenses in the case of accident or serious illness of any of the children, and that in such event the parties confer with each other regarding proper treatment; that defendant's obligation to support each child cease after said child shall have reached the age of 21 years, but if defendant die before any of his children reach the age of 21 years, the support of any such child or children should be a charge against defendant's estate, diminished by the amount any child should receive from any trust established prior to defendant's death; reasonable visitation rights to defendant; temporary custody, with certain limitations, in defendant for a period not exceeding thirty days during the school vacation period; authority to take the children out of the City of St. Louis and the State of Missouri, for the purpose of trips, schooling, educational or camp purposes; the sum of $3,000.00 to plaintiff for attorneys' fees; and the costs of the action against defendant.
Plaintiff filed her motion for new trial. The grounds alleged inadequacy of the court's award of alimony and the payments required for child support; failure to require defendant to pay all necessary hospital expenses, medical expenses, and health insurance fees incurred on behalf of the children. She also complained of the admission of incompetent, irrelevant and immaterial evidence as well as the court's refusal to receive competent, material and relevant evidence offered by her. The court overruled this motion and plaintiff has appealed from provisions of the decree with respect to alimony, support money for the children, and the allowance of attorneys' fees.
Since the decree of divorce is not an issue on this appeal, it will not be necessary to detail the facts brought out in the evidence bearing on that issue.
Plaintiff and defendant were married May 21, 1948. Three children were born of this marriage, David Clifton Biggs, who at the time of the trial (May 16, 1963) was twelve years old, Bruce Goddard Biggs, seven years old at said time, and Christopher Chapman Biggs, five and one-half years old at the time of the hearing. These children were at said time living with plaintiff at a residence owned by defendant at 5370 Waterman Avenue in the City of St. Louis. Plaintiff was 42 years old. She was first married in November 1940 to John Barber Hill from whom she secured a divorce in 1944. Two daughters were born of this previous marriage, twenty-one and nineteen years old at the time of the hearing below. They were living with plaintiff at the Waterman Avenue address. Plaintiff was awarded $225 a month at their present age for the support of each of these daughters by the court which granted her a divorce from her former husband. According to the decree in that case the support money awarded would terminate when each daughter reached the age of twenty-one years.
The sons attend private schools, David at Rossman's School, Bruce and Christopher at the Wilson School.
The house on Waterman Avenue where plaintiff and her five children live was described by Mrs. Biggs as a typical town house. On the first floor there is a living room, dining room, kitchen, pantry and large entrance hall. On the second floor are three bedrooms and two bathrooms, and on the third floor three bedrooms. It is worth, according to the evidence, $25,000.00. Defendant has been paying the taxes on this property which amount to $480 a year. Prior to the decree a stipulation was entered into between the parties providing for payments to plaintiff of $575.00 per month for alimony pendente lite and child support and $600.00 for attorneys' fees on account.
The evidence shows that plaintiff owns securities worth approximately $65,000 which were given to her by Mr. Biggs. In addition plaintiff, at the time of the hearing, owned a Corvair automobile not fully paid for, and more than $12,000.00 worth of jewelry.
She had also owned a 1950 Jaguar automobile, a gift from defendant, which was sold for $700, plaintiff receiving the proceeds of the sale. She had also received a part of the proceeds from the sale of a Brugatti automobile owned jointly by defendant and a friend named Bruce Carson. During the marriage, defendant conveyed to plaintiff a 170 acre farm in Pike County which she sold in 1960 for $15,500 retaining all but $4400.00, the value of personal property on the farm which belonged to defendant. In 1962, plaintiff received dividends from stock owned by her in the sum of $1500.00. She owes the First National Bank in Clayton $6,800, being the amount of two loans secured by her from said bank, one loan being for $1,800.00 and the other for $5,000.00. Plaintiff maintains a membership in the Sports Car Club, paying dues of about $17.50 per year, and in the Bridlespur Hunt Club. The dues in the latter club amount to $17.00 per month.
At the trial below, plaintiff gave the following estimate of her monthly expenses for herself and the three children:
Electricity $ 25.00
Gas $ 30.00
Dairy Products $ 32.00
Groceries $225.00
Cleaning of Clothing $ 15.00
Cleaning Woman $140.00
(who also does ironing)
Yard Man, once a week during $ 35.00
summer months and a man
twice a month during winter
months for cleaning porches
and basement
Medical Expense for Children $ 35.00
Medical Expense for Plaintiff $ 5.00
Drugs $ 30.00
Expense of Automobile $ 20.00
Charitable Contributions $ 25.00
Sports Car Club $ 1.15
Bridlespur Hunt Club Dues $ 17.00
Real Estate Tax on Waterman $ 40.00
Avenue House
Allowances to Children $ 15.00
Clothing for Children $ 35.00
Cost of Plaintiff's Clothing $ 50.00
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Total $775.15 Per Month
Plaintiff further testified that she was asking for the support of herself and her three sons $750.00 per month; $200.00 a month for each child and $150 per month for herself. She further testified the figure sought did not include school tuition or summer camp tuition, and was based on the proposition that she would retain the Waterman Avenue house. Under the decree, the Waterman Avenue property may be agreement be transferred to plaintiff in lieu of the payment by defendant of the $25,000 award of alimony in gross. The decree also provides that defendant pay school tuition and summer camp tuition. Defendant has permitted plaintiff and the three children born of the marriage, as well as plaintiff's two daughters by a previous marriage to reside at the Waterman Avenue address, and has been paying the above mentioned tuition during the period of separation.
Defendant owns two farms in Pike County. One of these farms is referred to in the evidence as 'Walnut Valley,' consisting of 625 acres and the other as 'Clifton Hill' containing 200 acres. These farms were inherited by defendant from his father. Defendant testified that he was a farmer by occupation, and that he supervised the farming operations on these farms. Defendant resides on the Clifton Hill farm. The house on Walnut Valley is occupied by defendant's employee one Edwards, who is paid a salary of $35.00 a week. Defendant also employs a farm manager, Oma Monroe, at a salary of $200.00 per month. On the Walnut Valley farm, at the time of the trial, were 125 cows, some with calves, and approximately 30 head of swine. Defendant testified that the Walnut Valley farm was worth $150.00 per acre, $93,750.00. He further testified that the Clifton Hill farm was worth $150.00 an acre which would amount to a total value of $30,000. He stated that the farm equipment on the Walnut Valley farm was worth seven or eight thousand dollars; that the 125 cows were worth $200 apiece which would amount to a total of $25,000.00; the four bulls on said farm were worth $200.00 apiece; and...
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