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MULLEN v. SAWYER

No. 51.

178 S.E.2d 425 (1971)

277 N.C. 623

H. T. MULLEN, Jr., Administrator C. T. A. of the Estate of Walter W. Sawyer, Jr. v. Gwendolyn B. SAWYER.

Supreme Court of North Carolina.

January 21, 1971.

Attorney(s) appearing for the Case

Small, Small & Watts, by Thomas S. Watts, Elizabeth City, for petitioner-appellant.

Forrest V. Dunstan, Elizabeth City, for defendant-appellee.

MOORE, Justice.

At common law the father's duty to support his children did not survive the father's death. Gray v. Gray, 273 N.C. 319, 160 S.E.2d 1. This rule obtained even though the children were minors. Elliott v. Elliott, 235 N.C. 153, 69 S.E.2d 224. As was said in Layton v. Layton, 263 N.C. 453

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