Wilson v. Wilson
Supreme Court of North Carolina
A properly executed deed of separation under which the husband conveys to the wife certain property, agrees to pay her ¡a certain sum monthly for 18 months and 'the wdfe agrees not to seek further support from Tvim ¡after such sums had .been paid, is held ¡not ¡to bar her suit for alimony without divorce or preclude an ¡order for ¡alimony pendente lite therein ,whan tbe Obiusbaaicl .breaches the agreement after eight monthly payments by 'refusing to make further payments in…
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A properly executed deed of separation under which the husband conveys to the wife certain property, agrees to pay her ¡a certain sum monthly for 18 months and 'the wdfe agrees not to seek further support from Tvim ¡after such sums had .been paid, is held ¡not ¡to bar her suit for alimony without divorce or preclude an ¡order for ¡alimony pendente lite therein ,whan tbe Obiusbaaicl .breaches the agreement after eight monthly payments by 'refusing to make further payments in accordance with the agreement, since in saich event he refuses to perform the very condition which ds the basis of her…
1Opinion of the Court
134 S.E.2d 240 (1964)
261 N.C. 40
Nettie Lowe WILSON
v.
Charles Calvin WILSON.
No. 388.
Supreme Court of North Carolina.
January 17, 1964.
Henderson & Yeager, by Frank J. Yeager, Winston-Salem, for plaintiff appellant.
No appearance for defendant appellee.
RODMAN, Justice.
When man and woman marry, the law imposes a duty on the husband to support his wife. Bowling v. Bowling, 252 N.C. 527, 114 S.E.2d 228. Where he separates himself from his wife and fails to perform this duty, the wife may compel performance by judicial decree. G.S. § 50-16. He cannot, by merely providing support until he gets beyond…
2Cases cited50 opinions
- Fuchs v. FuchsSupreme Court of North Carolina · 1963
- Archbell v. ArchbellSupreme Court of North Carolina · 1912
- Steak House v. BarnettSupreme Court of Florida · 1953
- Williams v. WilliamsSupreme Court of North Carolina · 1964
- Pain v. . PainSupreme Court of North Carolina · 1879
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