Murphy v. Moyle
Utah Supreme Court
Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by Priscilla Murphy against Oscar W. Moyle, executor of the will of Jesse J. Murphy, deceased. From a judgment for plaintiff, defendant appeals. But if the decree provides that it should be paid during her minority it would be understood to cease with the death of the father, because then his obligations to provide for his children ceased.
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Appeal from district court, Salt Lake county; Ogden Hiles, Judge. Action by Priscilla Murphy against Oscar W. Moyle, executor of the will of Jesse J. Murphy, deceased. From a judgment for plaintiff, defendant appeals. But if the decree provides that it should be paid during her minority it would be understood to cease with the death of the father, because then his obligations to provide for his children ceased. Field v. Field, 66 Howard Practice 346. Our' statute after the death of the father, makes provision for the children out of his estate. Compiled Laws Utah, 1898, secs. 3846 and 2828;…
1Opinion of the Court
Babtoh, J. :
This action was instituted by the plaintiff against the defendant, as executor of the last will and testament of Jesse J. Murphy, deceased, and involves the sum of $447, claimed by virtue of a decree, and subsequent modification thereof, made by the district court of the late territory of Utah, in an action for divorce brought by defendant’s testate against the plaintiff. In that case the defendant (plaintiff herein) filed a cross complaint, and a decree was granted in her favor on her cross complaint, by which the bonds of matrimony existing between the parties were dissolved,…
Also in this document: Concurrence.
2Cases cited3 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Miller v. MillerSupreme Judicial Court of Maine · 1874
- O'Hagan v. of O'HaganSupreme Court of Iowa · 1857
3Cited by30 opinions
- Prime v. PrimeOregon Supreme Court · 1943
- Gardine v. CotteySupreme Court of Missouri · 1950
- Blades v. SzataiCourt of Appeals of Maryland · 1927
- Newman v. BurwellCalifornia Supreme Court · 1932
- Stone v. BayleyWashington Supreme Court · 1913
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