LAYTON v. LAYTON

No. 385.

139 S.E.2d 732 (1965)

263 N.C. 453

Elizabeth D. LAYTON, Original Plaintiff, Movant, and Elizabeth D. Layton, Guardian of Annette Davis Layton and Ernestine Layton, Minors, Additional Plaintiff, v. E. C. LAYTON, Original Defendant, et al., Additional Defendants.

Supreme Court of North Carolina.

January 15, 1965.


Attorney(s) appearing for the Case

John F. Matthews, Louisburg, for plaintiff appellant.

William P. Pearce, Jr., Franklinton, for Ora B. Layton, individually and as administratrix.

W. H. Taylor, Louisburg, for adult children of E. C. Layton, deceased, by his first marriage.


MOORE, Justice.

This appeal raises the question, whether a superior court order, consented to by E. C. Layton, for support and maintenance of his two minor children created an obligation which survives his death and constitutes a charge against his estate and a lien on his land.

E. C. Layton was married four times. Nine children were born to his first marriage and all are now adults and sui juris. There are two children of his second marriage, Annette...

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