BRADSHAW v. SMITH

No. 804SC192.

269 S.E.2d 750 (1980)

Kathleen BRADSHAW, Individually and Kathleen Bradshaw, Guardian of Charlene Smith, Minor, v. Yvonne S. SMITH, Administratrix of the Estate of Charles Emerson Smith, Deceased.

Court of Appeals of North Carolina.

September 16, 1980.


Attorney(s) appearing for the Case

Paderick, Warrick, Johnson & Parsons by Clifton W. Paderick, Clinton, for plaintiff-appellee.

Holland, Poole & Newman by B. L. Poole, Clinton, for defendant-appellant.


ROBERT M. MARTIN, Judge.

The sole issue before this Court is whether the deed of separation created an obligation to furnish child support which survived decedent's death and became an obligation of his estate. An examination of prior North Carolina case law answers this issue.

Although the common law duty of a parent to support his child terminates at the parent's death, a parent can bind his estate by contract to support the child after his death. The question...

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