Lee v. Coffield, 97
| Decision Date | 27 February 1957 |
| Docket Number | No. 97,97 |
| Citation | 96 S.E.2d 726,245 N.C. 570 |
| Parties | Patricla LEE, Charles McClenny Lee and Linda Mason Lee, infants by their next friend, T. J. Collier, v. H. irwin COFFIELD, Jr., Executor and Trustee under the Will of the Estate of Charles Clifton Lee. |
| Court | North Carolina Supreme Court |
B. B. Hollowell, Bayboro, and R. E. Whitehurst, New Bern, for plaintiff-appellants.
Ward & Tucker, New Bern, for defendant-appellee.
The case presents two questions: (1) Can liability be imposed on the estate of the deceased father beyond his contractual obligations for the support of his minor children residing with their mother?
The liability of the father's estate to make the monthly payments to the mother for the support of the minors as provided in the deed of separation is not questioned.
So far as liability of the estate is concerned, the only question is: What obligation, if any, exists in favor of the minors beyond the monthly payments provided for in the deed of separation? The answer is none. Elliott v. Elliott, 235 N.C} 153, 69 S.E.2d 224. It was there held that the obligation imposed by the common law on a father to support his minor children terminated at his death. Additional authorities supporting the conclusion there reached may be found in the notes 18 A.L.R. 2d 1126.
(2) Can the properties willed by the father to be distributed to the minors as they reach their twenty-fifth birthday be used to reimburse their mother for monies expended by her for their care? This question likewise requires a negative answer.
The law in this State imposes a duty on both parents to provide, within their means, for the necessary support of their minor children. This is primarily an obligation of the father. Smith v. Hewett, 235 N.C. 615, 70 S.E.2d 825, 32 A.L.R.2d 1055; Wells v. Wells, 227 N.C. 614, 44 S.E.2d 31, 1 A.L.R.2d 905; In re TenHoopen, 202 N.C. 223, 162 S.E. 619; Sanders v. Sanders, 167 N.C. 319, 83 S.E. 490.
The fact that the father, during life, is primarily responsible for the support, maintenance, and education of his minor children does not relieve the mother of her responsibility. Upon the death of the father, a duty rests on the mother to the best of her ability to provide for the support of her children. This we conceive to be the common law as adopted in North Carolina. Maryland Casualty Co. v. Lawing, 225 N.C. 103, 33 S.E.2d 609. A like conclusion has been reached in other states. Whitehurst v. Singletary, 77 Ga.App. 811, 50 S.E.2d 80; Pettigrew v. Williams, 65 Ga.App. 576, 16 S.E.2d 120; Davidson's Adm'x. v. Davidson, 274 Ky. 28, 117 S.W.2d 1044; In re Nolan's Guardianship, 216 Iowa 903, 249 N.W. 648; Workman v. Workman, 174 S.C. 490, 178 S.E. 121; In re Siems' Estate, Sur., 179 N.Y.S. 875. It is true that expressions can be found in cases from other states indicating a contrary view, 46 C.J. 1276 and notes, but we think the view here expressed is the sounder view. Our view of the common law is recognized by statute, and the willful failure to provide adequate support is, as to the offending party, made a misdemeanor. G. S. § 14-322.
This action is predicated on the theory that the minors and their estate are legally liable to their mother for their...
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Sloop v. Friberg, 8315DC1014
...who can do so remains obligated to support his or her minor children, even though they may have property of their own. Lee v. Coffield, 245 N.C. 570, 96 S.E.2d 726 (1957); See 3 R. Lee, N.C. Family Law, § 229 at 118-19 (4th ed. 1981). This assignment therefore is without merit, since the co......
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Williams v. Williams, 407
...primary obligation for support of a minor child rests upon the father. Goodyear v. Goodyear, 257 N.C. 374, 126 S.E.2d 113; Lee v. Coffield, 245 N.C. 570, 96 S.E.2d 726. While a husband and wife can bind themselves by a separation agreement 'they cannot thus withdraw children of the marriage......
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Goodyear v. Goodyear, 247
...of a parent to perform his duty is a crime. G.S. § 14-322. The duty to support is primarily the obligation of the father. Lee v. Coffield, 245 N.C. 570, 96 S.E.2d 726; Story v. Story, 221 N.C. 114, 19 S.E.2d 136. A father cannot, by contract, relieve himself of his obligation to support his......
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Mullen v. Sawyer
...right of the child but is a personal duty of the father which is Terminated by his death. Elliott v. Elliott, supra; Lee v. Coffield, 245 N.C. 570, 96 S.E.2d 726; Blades v. Szatai, supra. These common law principles have not been abrogated or modified by statute and are in full force and ef......