Pruneau v. Sanders

Decision Date07 May 1975
Docket NumberNo. 7510DC65,7510DC65
Citation25 N.C.App. 510,214 S.E.2d 288
PartiesMary S. PRUNEAU v. Charles R. SANDERS, Jr.
CourtNorth Carolina Court of Appeals

Bernard A. Harrell, Raleigh, for plaintiff-appellee.

Maupin, Taylor & Ellis by Richard C. Titus, Raleigh, for defendant-appellant.

MARTIN, Judge.

Defendant assigns as error the following conclusion of law 'That the amounts currently being paid to the plaintiff under a separation agreement executed by the parties are, by the wording of the agreement and by treatment of the parties, alimony payments and the plaintiff is not obliged as such to apply the same to the support of the minor children. Conversely, the defendant cannot contract away his obligation to support his minor children, and, to the extent the agreement seeks to foreclose the courts from consideration of child support, it is unenforceable.'

We think the assignment has merit.

In Lane v. Scarborough, 284 N.C. 407, 409, 200 S.E.2d 622, 624 (1973), the Court said:

'Questions relating to the construction and effect of separation agreements between a husband and wife are ordinarily determined by the same rules which govern the interpretation of contracts generally. Whenever a court is called upon to interpret a contract its primary purpose is to ascertain the intention of the parties at the moment of its execution. (Citations omitted.)'

The heart of a contract is the intention of the parties. This intention is to be gathered from the entire instrument viewing it from its four corners. Jones v. Realty Co., 226 N.C. 303, 37 S.E.2d 906 (1946).

The deed of separation involved in the instant case provides in pertinent part:

'7. The party of the first part agrees to pay to the party of the second part as alimony the sum of Fifteen Thousand Dollars ($15,000.00) per year until she remarries, or until the aforesaid date of August 31, 1980, whichever shall first occur. In the event of re-marriage by the party of the second part before August 31, 1980, the party of the first part shall pay to the party of the second part alimony in the amount of Five Thousand Dollars ($5,000.00) per year until August 31, 1980. The party of the first part shall not be required to pay any alimony after August 31, 1980.

8. The sum of Twenty Thousand Dollars ($20,000.00) has been made available to the party of the second part by the party of the first part as a fund to provide for the college education of the children born to the parties hereto. Said children are Drury C. Sanders born May 17, 1960 and Robert D. Sanders born August 31, 1962. Said sum of $20,000.00 is to be invested by the party of the second part in bonds or other safe securities, and is to be used for the sole and single purpose of providing for the college education of said children, with one-half thereof being held for the benefit of each child. If either child fails to use his Ten Thousand Dollars and the income therefrom, for such educational purposes, the balance shall be paid to him upon his 23rd birthday.

9. The party of the second part has withdrawn the sum of Fifteen Thousand Dollars ($15,000.00) from funds belonging to the party of the first part, which sum she shall be permitted to retain and use as she desires.

10. The party of the first part has a contractual arrangement with Memphis State University, under which he expects to receive the sum of approximately Thirty Thousand Dollars ($30,000.00) on or about July 1, 1971. He will retain 3/4 of the aforesaid amount paid under said contract, and will have 1/4 thereof paid to the party of the second part, which payment shall be in addition to the alimony paid for this year, and which amount will be kept and invested by her as she deems best to be used by her for future needs.

11. The party of the first part has a contractual arrangement with the Tampa Public Library under which he is entitled to receive approximately Twenty Thousand Dollars ($20,000.00) upon receipt of the amount due under said contract, he will retain 1/2 for himself, and will give 1/2 thereof to the party of the second part in addition to any alimony paid in any year, which amount will be kept and invested by her as she deems best to be used by her for future needs.

15. The party of the second part agrees to use the benefits that she receives under this contract, or so much thereof as is necessary or needful, for the support, maintenance, and education of the said two children born to the parties hereto and she agrees that with the alimony and other benefits that she receives under the terms of this contract she will provide all of the support, maintenance and education that may be needed or proper for said children without contribution from the party of the first part, and in consideration of the terms and provisions of this contract, the party of the second part hereby agrees to idemnify and save the party of the first part harmless from liability . . . responsibility for the support, maintenance and education of said children, except for . .. obligations assumed under this contract. If the party of the second part fails to comply with the terms of this paragraph of this contract, from and after the time of such failure there shall be no further obligation on the part of the party of the first part under. . . contract.'

It appears to be undisputed that defendant is paying plaintiff $5,000.00 per year as provided in Paragraph 7 of the agreement. The court found that the amount necessary to cover the reasonable monthly needs of the children for food, school, allowances, dental and medical expenses, clothing, laundry and cleaning, utilities, transportation, shelter ($100.00), recreation, and miscellaneous is $650.00 and ordered defendant to pay that amount. While we agree with the court's conclusion that defendant cannot contract away his obligation to support his children, and by an agreement cannot foreclose the courts from consideration of...

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10 cases
  • Falls v. Falls, 8010DC502
    • United States
    • Court of Appeal of North Carolina (US)
    • June 2, 1981
    ...95, 223 S.E.2d 560 (1976); and Zuccarello v. Zuccarello, 13 N.C.App. 531, 186 S.E.2d 651 (1972). We are also aware of Pruneau v. Sanders, 25 N.C.App. 510, 214 S.E.2d 288, cert. denied, 287 N.C. 664, 216 S.E.2d 911 (1975) in which this court found it was error to follow the literal wording o......
  • Best v. Best, 8515DC1389
    • United States
    • Court of Appeal of North Carolina (US)
    • June 17, 1986
    ...The trial court has wide discretion to fashion particular relief in what are often difficult child custody matters. Pruneau v. Sanders, 25 N.C.App. 510, 214 S.E.2d 288, cert. denied, 287 N.C. 664, 216 S.E.2d 911 (1975). Since the trial judge sees and hears the live witnesses and observes th......
  • Benedict v. Coe, 9325DC1247
    • United States
    • Court of Appeal of North Carolina (US)
    • December 20, 1994
    ...determination for "the trial judge has the opportunity to see the parties in person and to hear the witnesses." Pruneau v. Sanders, 25 N.C.App. 510, 516, 214 S.E.2d 288, 292, cert. denied, 287 N.C. 664, 216 S.E.2d 911 (1975) (quoting Greer v. Greer, 5 N.C.App. 160, 161, 167 S.E.2d 782, 783 ......
  • Glesner v. Dembrosky, 844DC716
    • United States
    • Court of Appeal of North Carolina (US)
    • March 19, 1985
    ...custodial and visitation arrangements appropriate to the particular, often difficult, domestic situations before them. Pruneau v. Sanders, 25 N.C.App. 510, 214 S.E.2d 288, cert. denied, 287 N.C. 664, 216 S.E.2d 911 (1975). The decision of the trial judge, who sees and hears the witnesses an......
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