In re Neff

• Citation: 56 P. 383,20 Wash. 652
• Court: United States State Supreme Court of Washington
• Decision Date: 07 March 1899
• Parties: In re NEFF et al.

56 P. 383

20 Wash. 652

In re NEFF et al.

Supreme Court of Washington

March 7, 1899

Appeal from superior court, Pierce county; John C. Denney, Judge.

Application for writ of habeas corpus by Stuart S. Neff to obtain the custody of his minor children, Emily S. Neff, Clarence A Neff, and Stuart S. Neff, Jr. From an order granting the writ, John C. Dornin, defendant, appeals. Affirmed.

Pritchard & Haight, for appellant.

Sheeks & Wickersham, for respondent.

REAVIS J.

Appeal from an order granting a writ of habeas corpus. Stuart S Neff, the petitioner, and Anna K. Neff were married January 10, 1883. There were born of this union Emily S. Neff Clarence A. Neff, and Stuart S. Neff, Jr. The marriage was dissolved on the 27th day of February, 1895, by a decree of divorce in the superior court of Snohomish county, in an action brought by Anna K. Neff. The superior court, upon the dissolution of the marriage, and in the decree granting the divorce, found that the three children were then, and had been before the commencement of the action, in the care and custody of the mother, Anna K Neff, at her residence in the city of Everett, and the defendant, Stuart S. Neff, had for more than a year before the commencement of the action entirely failed to contribute anything to the support of plaintiff and the children, notwithstanding he was receiving a large salary, or prosecuting a successful business, and was able to support the plaintiff and her children; that the failure of defendant to support them was a violation of his marital duties, and without excuse; and the court then found that Stuart S. Neff had no property, and was not a fit person to have the care and custody of the children, and that the plaintiff had independent and separate property, and was in all respects a fit person to have the care and custody of the children named; and ordered that the plaintiff, the mother, have the full guardianship, custody, and control of the minor children, and have charge of their education, subject, only, to the right of the defendant to visit them at such times and places as the plaintiff might deem proper. In 1894 the petitioner left for the East, and had not seen the children since that time until about the time of the hearing of the petition for the writ. On the 15th of April, 1896, Anna K. Neff was married to John C. Dornin, with whom she lived as her husband, and with whom the children made their home, until June, 1898, when Mrs. Neff, then Mrs. Dornin, died at her home in Tacoma, leaving an estate the annual income of which was $1,100, and a will constituting her husband, John C. Dornin, trustee of her estate, and also the guardian of Clarence A. and Stuart S., Jr., and constituting, by her will, her mother, Emily D. Kennedy, the guardian of Emily S. Neff, her daughter. The will also directed that no portion of the income which should be payable to any of the children should, under any circumstances, be paid to the father (petiti...