Story Case

Frederic Hibbert died leaving to his nephew Abel Hill by devise in a will an estate valued at ten thousand dollars. At the time of the Uncle's death the nephew was only fourteen years of age. His father, Simon Hill, was a poor and destitute man who now claimed the property as his own on the ground that all property of an infant child becomes that of the parent. Abel Hill, however, refused to give his father anything. Can his father acquire any of the property in a Court proceeding?

Ruling Court Case. Magee Vs. Magee, Volume 65 Illinois Reports, Page 255

In 1865 the authorities of the county of Cook and of the 9th ward of the city of Chicago agreed to pay the plaintiff $450 under the consideration that he would enlist in the United States army. The plaintiff enlisted and the $450 was paid to the defendant, who was the father of the plaintiff. When the plaintiff re-turned home, he demanded the bounty of his father. His father refused, claiming that he himself was entitled to it, since the child was a minor. This action was started to recover the money from the father.

Decision: "It is a familiar principle that a father is entitled to the wages and ordinary earnings of his minor son, unless such right has been voluntarily relinquished or forfeited by some act on the part of the father."

The Court proceeded: "No rule of the common law is better settled than that a minor may take property, real or personal, by gift donation, devise or legacy, and hold the same independently of his father. The money, which is the subject of this action, is what it purports to be - bounty. It was not wages in the ordinary meaning of that term." Judgment was accordingly given for the plaintiff.

Ruling Law. Story Case Answer

Although the parents are entitled to the earnings of their children during their minority so long as the latter remain within their care and control, they have no right to the property which comes to their children by gift or devise. If an infant wins a prize of $100, his father has no claim whatsoever to the money. Or if an uncle of a minor leaves to him a piece of land by will, this land belongs solely to the child and the father has no right to, or interest in, the property.

In the Story Case, Simon Hill may be ever so destitute; yet he cannot take anything from the child which has come into his possession by way of gift. The father has no right to take anything from the child except its earnings.