026-NLR-NLR-V-15-In-re-the-Estate-of-ILLANGAKOON.pdf
( 104 )
1911.
Present : Middleton J. and Grenier J.In re the Estate of Illangakoon.
194—D. C. (Interlocutory) Colombo, 538.
Maintenance—Parent's liability to maintain child who has means. .
The duty of a parent to provide maintenance ceases when thechildren are earningtheir own livelihoodandcapableof main-
taining themselves, and when the children are possessed of propertyof their own, upontheincome derivedfrom whichchef may
maintain themselves, in which later case the parents may claim areasonable proportion of such income for tbeir maintenance.
fjpHE facts are set out in the judgment.
M. de Saram, for the appellant.—The minors are possessed ofproperty and are able to maintain themselves out of their income.
( 105 )
The mother is entitled to get an allowance for the maintenance ofthe children from the estate of the children. See 1 Maasdorp 232and 2 Williams on Executors. 10th ed., p. 1051.
No appearance for the respondent.
Cur. adv. vult.
December 18, 1911. Middleton J.—
This is an appeal against an order bv the District Judge refusingto allow the guardian of certain minors to draw out of a sum in Courtbelonging to the minors a sum of Rs. 4,315.12 for the maintenanceof the minors from July 1. 1907, till March 31, 1911. It wouldseem that the Court has held that a proper sum to be appropriatedfor the maintenance of the minors was, in the case of four of them,Rs. 50 per mensem, and in the case of one Rs. 30 per mensem, andthe sum for which payment is sought from the Court, I understand,the aggregate of such monthly allowances for the period in question.
We are informed that the curator of these minors has no objectionto the order being made, and that would appear to be the case, asthere is no appearance in opposition to this appeal. The learnedDistrict Judge bases his order upon the fact that the mother has themeans to maintain the children, and he seems to be surprised thatshe should, under these circumstances, apply to the Court for anorder for their maintenance from their own property. He has notgiven any other reason apparently than this for refusing the appli-cation. The proposition that minors, who have means to do so,should be called upon to maintain themselves does not appear- tobe either unreasonable or improper, and I believe that under theEnglish practice that occasionally maintenance is allowed in thelifetime of a father, even if he be of ability to maintain the infant(2. Williams on Executors', 10th ed., p. 1051), as in the case ofJervois, v. Silk1, where a father having.an income of six thousandpounds a year, twelve hundred pounds a year was allowed for themaintenance of a minor outof property of his own.We havebeen
deferred by Mr. de Saramto the firstvolume ofMaasdorp232,
in which it is laid down that “ the duty to provide maintenanceceases when the childrenare earningtheir ownlivelihoodand
capable of maintaining.. themselves, and when the children arepossessed of property of their own, upon the income derived fromwhich they may maintainthemselves,in which latter casethe
parents may claim a reasonable proportion of such income for theirmaintenance. So much is this the case that even when a strangerhas left. property to a minor upon the express condition that theincome derived from it is to be allowed to accumulate and to beadded to the capital, the parents may, nevertheless, demand thatmaintenance shall be allowed out off it to the children/*
1911.
In re theEstate ofIUangakoon
1 Cooke 52.
( 106 )
1911-
Middebton
J.
li% re theSatate ofIUangakoon
This authority seems to demonstrate what is the Boman-Dutcblaw on the subject. I am of opinion that the learned District Judgewas not right in refusing to make the order here, and I think that theappeal should be allowed, and that an order should be made in termsof the application made on behalf of the guardian. I think alsothat as the affidavit shows that she was in reality maintainingthe children from the date from which she computes the sum soughtfor in her application, there is no impropriety in granting herapplication in toto. As regards costs we make no order.
Gsrenier J.—I entirely agree.
Appeal allowed.
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