1 Misc. 2d 219 | N.Y. Sup. Ct. | 1955
So many inappropriate applications are presented to the court from time to time for the withdrawal of infants’ funds recovered in personal injury cases, and now held in custodia legis (Civ. Prae. Act, § 980-a), that I am impelled to make some observations which may perhaps be a helpful guide to the bar when such requests are made to me in the future.
A fortiori, the infant’s funds are not ordinarily to be withdrawn to meet the claimed needs of the family (De Marco v. Seaman, 157 Misc. 391, 394). It is the primary duty of the parent to support a child of tender years (Laumeier v. Laumeier, 237 N. Y. 357), not that of the child to maintain his parent (Edwards v. Davis, 16 Johns. 281; Herendeen v. De Witt, 49 Hun 53). If an infant have independent means or income, and a close member of his family be in financial need, it is quite appropriate that the minor voluntarily utilize his resources to some extent in aid of the economic maintenance of his unfortunate relative. Indeed, moral responsibility may well have merged with public interest in legislatively effectuating a legal duty upon the infant in certain circumstances (Social Welfare Law, § 101; Surrogate’s Ct. Act, § 194) before even communal responsibility may be called into play.
But it is not the function or obligation of an eight-year-old child to support her mother, father, sisters and brothers, when (as in the case at bar) the child’s sole assets consist of a recovery in a lawsuit for serious personal injuries occasioned her by the fault of another. I can not permit my personal sympathy for the
The application of the mother for the withdrawal of certain funds for family use is denied. The proposed order is signed, but I have granted a reduced sum and directed that it be expended for the sole use and benefit of the infant, and that within three months from the date of this order the guardian file an affidavit with vouchers setting forth the disbursements made.