Mullen v. Sawyer

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, 139 S.E. 2d 732:

“ ‘The relationship of parent and child is a status, and not a property right.’ 67 C.J.S., Parent and Child, § 2, p. 628. At common law it is the duty of a father to support his minor children. Elliott v. Elliott, 235 N.C. 153, 69 S.E. 2d 224; Green v. Green, 210 N.C. 147, 185…