Story Case

William Benidict, the husband of Clair Benidict, died leaving her with two boys eighteen and twenty years of age. By his will, Benidict gave his wife three-fourths of his estate which amounted to property worth about forty-five thousand dollars. To each of the children he gave one-eighth interest, amounting to, approximately, eight thousand dollars each. After the death of their father, the children supported themselves out of their inheritances. Later, on reaching their majority, each of them brought suit against the mother for an amount covering the expense of necessaries consumed from the time the father died until each of them became twenty-one years of age. The mother refused to pay, saying that the children had sufficient to maintain themselves. What will the Court do?

Ruling Court Case. In The Matter Of The Final Account Of Louisa Beson-Dy, Guardian

Louisa Besondy was the wife of John W. Perry, who died in 1863 in the service of the United States leaving his widow Louisa Perry, and an infant of the age of three years. In 1864 Louisa married Charles Besondy and thereupon the infant became entitled to a pension from the United States Government. The infant continued to live with his mother and stepfather. The mother was appointed guardian, under a bond. She received the pension money and applied it for the support of the infant. In 1874 she died and now, in making a final accounting, the question is whether the person who became her surety under the guardian bond is liable for the pension money which she used for the infant's support, on the ground that the mother must support her infant children out of her own resources.

Justice Vanderburgh gave the opinion of the Court: "The father is bound to support his minor children if he be of ability, even tho they have property of their own; but this obligation in such case does not extend to the mother. The rule is not so rigorous in the case of the mother; and if the child has property, the mother is not bound to provide for its maintenance where the father would be. She is entitled to have the minor's income applied thereto. Therefore the surety is not liable for the amount applied from the pension to the child's support.

Ruling Law. Story Case Answer

The mother is not liable for the support of the children when their own property is sufficient for the purpose and ample provision is otherwise made for their support. It has even been held that this is true where they are able to earn their own support.

In the Story Case, therefore, the mother is not liable to her sons, since they have property of their own with which to maintain themselves.