Legal Opinion

Select-men of Wethersfield v. Montague

Supreme Court of Connecticut

Decided June 27, 1821PublishedCited by 9 opinions

in error. THIS was an application, made by the select-men of Weth-ersfield, to the county court, stating, that Olive, Montague of that town, having, by reason of age, sickness and other infirmities, become unable to support and maintain herself, and having no estate wherewithal she could be supported or main-a 1 * tained, did, on the 5th of October, 1818, make application to saj,j select-men for relief, support and maintenance ; that said select-men have, since that time,…

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in error. THIS was an application, made by the select-men of Weth-ersfield, to the county court, stating, that Olive, Montague of that town, having, by reason of age, sickness and other infirmities, become unable to support and maintain herself, and having no estate wherewithal she could be supported or main-a 1 * tained, did, on the 5th of October, 1818, make application to saj,j select-men for relief, support and maintenance ; that said select-men have, since that time, laid out and expended, for her support and maintenance, the'sum of 150 dollars; that William Montague, Moses Montague,…

1Opinion of the Court

Hosmer, Ch. J.

It is the duty of a parent to maintain his children until they arrive to the age of maturity ; but to support his parents or grand-parents, a child is under no common law liability. Reeve’s Dom. Rel. 285. Rex v. Munden, 1 Stra. 190. Edwards & ux. v. Davis, 16 Johns. Rep. 281. Undoubtedly, he is under a moral obligation to do it ; but it is a duty of imperfect obligation ; and the legal right to demand maintenance from a child, by a parent, as well as the legal remedy to enforce it, depend exclusively on the statute.

The decisions on the 43 Eliz. c. 2. s. 7. shed no light on the…

2Cited by9 opinions

  1. Cook v. BradleySupreme Court of Connecticut · 1828
  2. Bohun v. KinaszSupreme Court of Connecticut · 1938
  3. Condon v. Pomroy-GraceSupreme Court of Connecticut · 1901
  4. Koniak v. KoniakSupreme Court of Connecticut · 1937
  5. Cunningham v. CunninghamSupreme Court of Connecticut · 1902

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