Taylor v. Taylor, 41032

• Decision Date: 09 February 1959
• Docket Number: No. 41032,41032
• Citation: 108 So.2d 872,235 Miss. 239
• Parties: Mary Rose Brenner TAYLOR v. Ralph M. TAYLOR.
• Court: Mississippi Supreme Court

Page 872

108 So.2d 872

235 Miss. 239

Mary Rose Brenner TAYLOR v. Ralph M. TAYLOR.

No. 41032.

Supreme Court of Mississippi.

Feb. 9, 1959.

Hugh F. Causey, Cleveland, for appellant.

Levingston & Bizzel, Cleveland, for appellee.

LEE, Justice.

Ralph M. Taylor filed his complaint against Mrs. Mary Rose Brenner Taylor for a divorce on the ground of habitual, cruel and inhuman treatment. The answer of the defendant denied in detail all of the material allegations of the bill, and, by way of cross bill, prayed for compensation for her solicitor and permanent support and maintenance for herself and their son, Robert Morris Taylor. At the conclusion of the hearing, the court, by its interlocutory decree, awarded $200 as a solicitor's fee for the defendant's counsel, $117.27 to the defendant for her expenses in coming from Brooklyn, New York, and $100 per month for the support of the defendant and her son. The court took the question of awarding or denying a divorce under advisement for decision at the next regular term of the court. At that time, the court, in its final decree, granted the complainant a full and complete divorce and awarded to the defendant the sum of $100 per month, payable $50 on the 1st and 15th of each month for the support and maintenance of Robert Morris Taylor until further order of the court; but, apart from the relief heretofore stated, denied and dismissed the cross bill. From the decree entered, Mrs. Taylor appealed.

The sole question on this appeal is whether the court erred in awarding the divorce and in refusing to award any sum for the support and maintenance of the appellant.

The parties were married in Brooklyn, New York, on July 25, 1942, while the complainant was in the armed forces of the country. The boy, Bob, was born on September 25, 1943. Taylor came out of the service in 1945. He and his wife and son lived with his wife's people in Brooklyn for about ten months, during which time he earned $40 per week as a service station attendant. He returned to Mississippi in the Fall of 1946, and thereafter worked as a painter. His wife and son visited him for about a month in May 1947, and again for about a week in 1948, at which time he went back to New York with them. They did not visit him again until 1953; but, during the interval, he went to New York on one occasion while Bob was having surgery. In 1954, his wife visited with him for two months, and in June of that year, he went to New York and brought his wife and son back to Mississippi in a pickup truck. After residing in the home of his parents for two or three weeks, they moved into an apartment, where they lived until his wife and son returned to New York in December. They came back to Mississippi about November 1955 and lived with Taylor in a house, which he had built, until school was out in May of 1956, at which time, they went back to New York, and had not returned since. The time, during which the parties lived together in Mississippi, was approximately sixteen months.

At birth, the boy had a hypospadias condition, that is, an abnormality of the penis. It was just a piece of flesh and there was no canal for urination. Excretions were made through the opening for the scrotum. He had to sit down for that purpose. The first doctor, who examined the boy, was of the opinion that he was a hermaphrodite. As the boy became older, his personality was seriously affected. In school, his playmates laughed at him when he went to the toilet, and he did not want to go to school. Widely known New York doctors advised that, if this condition was not remedied, he would never have any sex life. To overcome this deformity, it would be necessary to make a new canal and do plastic surgery. It would be long and tedious. Over a considerable period of time, they performed ten operations. While the repair work is not yet complete, the boy the already been greatly benefited. Now at fourteen years of age, he is in the ninth grade, is reaching normalcy, shaves twice a week, has a heavy voice, can urinate from his penis, and does not have to sit down for that purpose any more.

Taylor testified that his wife's attitude about the house, the deed to which was in both of their names, was that 'the location wasn't right'; it was 'too far out of town'; she 'would not make any choice in the selection of colors'; and 'she said she was not going to live in that house.' They had a lot of differences. He was not employed in a respectable job and was not making enough money; his friends 'were not much', and were not welcome in her house; she did not like his work and the hours were too long for what he was making. They would quarrel. He would try to 'shut up' at first, and if that would not stop her he would walk out of the house. 'She would run me off from the house.' He and his son got along all right on minor corrections, but, if she did not agree, she would attempt to overrule him in the boy's presence. He wanted his son's condition to be corrected, but thought it could be done in the South nearer home and the doctor told him that it could be done here but she would not hear to this and said that she was going to continue with the doctors in New York. He said that the effect of her attitude and treatment were such that it was on his mind all of the time; he would neglect his work; he would forget things and have to re-do his work; and that this troubled him very much all of the time. 'There were times when he did not think that he would be able to live any more.' However, when she was away, there was no domestic trouble on his mind. He did not think that they could live together with reasonable happiness and satisfaction. He was willing to accept the full custody of the boy and contribute to his support within his means.

O. S. Sizemore testified that he had known Taylor for twenty years. As to Mrs. Taylor's attitude and manner toward her husband, he said 'I would like to have my wife treat me a little better * * * I think she could have treated him a little better.' Also 'While she was here, Ralph appeared to me to be in a state of strain and as soon as he was released from her company, this appearance disappeared.' And 'it seemed that they weren't interested in each other and they did not care too much about being with any company * * * They didn't seem to be enjoying themselves by being out.'

Wilson Alexander testified that he visited in their home on one occasion. When Ralph suggested that they go to the store and loaf until supper was ready, Mrs. Taylor said 'No, you are not going anywhere.' So he decided that he was not welcome, made an excuse, and left. During the last three or four years 'When Mrs. Taylor wan't here, Ralph seemed to be himself and he joked and carried on, but when she was here, he seemed to be down and out and he did not have much to say. He seemed to be a kind of different man to me.'

R. K. Winter testified that he had known Taylor for eight years, and he said that 'during the time that she was here, he was moody, preoccupied and not his usual self at all * * * He just couldn't do his business right and did not take as much interest in his work.' He...