PARENT AND CHILD. Liabitity of ei ther for support of the other. In England, by 43 Eliz. c. 2, the father and mother, grandfather and grandmother of poor, old, blind, and impotent persons are obliged to furnish them with necessaries, *if of suffi cient ability. But not after majority ; 1 Raym. 699.
Statutes of the same tenor have been en acted in some states. The English statute may be considered as a part of the common law in the United States ; Schoul. Dom. Rel. *320; and see Wertz v. Blair Co., 66 Pa. 19.
In some states the failure to support, or the abandonment of, a minor child is a penal offence. Except under this statute, there ap pears to he no civil obligation on a parent to support his minor child; 11 C. B. 452; L. R. 3 Q. B. 559 ; or to pay his debts; 6 M. & W. 482. To the same effect; White v. Mann, 110 Ind. 74, 10 N. E. 629; Freeman v. Rob inson, 38 N. J. L. 383, 20 Am. Rep. 399; Chil cott v. Trimble, 13 Barb. (N. Y.) 502; but the contrary view is held in many cases; Porter v. Powell, 79 Ia. 151, 44 N. W. 295, 7 L. R. A. 176, 18 Am. St. Rep. 353. See Tif fany, Pers. & Dom. Rel. 233; 2 Kent 190. Where a parent, though able, neglects to provide the necessaries of life and necessary medical attendance for a minor child, and thereby causes its death, he is guilty of man slaughter, and, if wilfully done, of murder; Tiff. Pers. & Dom. Rel. 232; Clark, Cr. L. 177.
It is generally the duty of a mother to support her child when she left a widow, until he becomes of age or is able to main tain himself ; Cummings v. Cummings, 8 Watts (Pa.) 366; Dedham v. Natick, 16 Mass. 135 ; Riley v. Jameson, 3 N. H. 29, 14 Am. Dec. 325; Ailing v. Ailing, 52 N. J. Eq. 92, 27 Atl. 655; Furman v. Van Sise, 56 N. Y. 435, 15 Am. Rep. 441; Girls' Industrial Home v. Fritchey, 10 Mo. App. 344; contra, Englehardt v. Yung's Heirs, 76 Ala. 534; Mowbry v. Mowbry, 64 Ill. 383; and even after he becomes of age, if he be chargeable to the public, she may, perhaps in all the states, be compelled, when she has sufficient means, to support him. But when the child has property sufficient for his support, she is not, even during his minority, obliged to maintain him ; 1 Bro. Ch. 387 ; Whipple v.
Dow, 2 Mass. 415; but will be entitled to an allowance out of the income of his estate, and, if need be, out of the principal, for his maintenance; Osborne v. Van Horn, 2 Fla. 360; 5 Ves. 194. During the life of the father she is not bound to support her child, though she have property settled to her separate use and the father be destitute; 4 Cl. & F. 323 ; 11 Bligh, N. S. 62.
A child is not bound at common law to maintain his parents; Becker v. Gibson, 70 Ind. 239 ; Lebanon v. Griffin, 45 N. H. 558; Stone v. Stone, 32 Conn. 142; Herendeen v. De Witt, 49 Hun 53, 1 N. Y. Supp. 467; Dawson v. Dawson, 12 Ia. 512 ; though they are infirm and indigent; Edwards v. Davis, 16 Johns. (N. Y.) 281; any such liability must arise under statute; but under such statute an aged parent supported by one child with no threat of withdrawal cannot maintain an action against another child for support; Duffy v. Yordi, 149 Cal. 140, 84 Pac. 838, 4 L. R. A. (N. S.) 1159, 117 Am. St. Rep. 125, 9 Ann. Cas. 1017.
But in many states a liability to support indigent parents is imposed by statute, where they have the ability to do so ; 2 Kent 208 ; Pothier, Du Marriage, 384, 389; Ex parte Hunt, 5 Cow. (N. Y.) 284; Howe v. Hyde, 88 Mich. 91, 50 N. W..102; and in such case a third person may recover from the child for necessaries furnished to such par ent ; HovVe v. Hyde, 88 Mich. 91, 50 N. W. 102; McCook Co. v. Kanlmoss, 7 S. D. 558, 64 N. W. 1123, 31 L. R. A. 461, 58 Am. St. Rep. 854.
The parent is not liable for necessaries furnished to a child unless he has refused to furnish them; Smith v. Gilbert, 80 Ark. 525, 98 S. W. 115, 8 L. R. A. (N. S.) 1098 ; or has, omitted his duty ; Van Valkinburgh v. Watson, 13 Johns. (N. Y.) 480, 7 Am. Dec. 395; or has authorized it; Brown v. De loach, 28 Ga. 486 ; or there is a proper exi gency ; Keaton v. Davis, 18 Ga. 457. A par ent is not criminally liable for his child's acts ; Tiffany, Pers. & Dom. Rel. 241.