Herring v. Moore

VANCE, Judge:

The primary question presented by this appeal is whether, under the circumstances of this case, the death of Ted F. Herring terminated, by operation of law as of the date of his death, his obligation to make payments for the support of his infant adopted daughter. The trial court held as a matter of law that the payments terminated upon his death. We reverse.

Ted Herring and his wife, Patricia Herring, entered into a separation agreement on December 8, 1971 which provided that the husband would pay to the wife for the maintenance, support and education of the parties’ infant…