Ring v. Ring

38 S.E.2d 471, 185 Va. 269, 165 A.L.R. 1237, 1946 Va. LEXIS 198
CourtSupreme Court of Virginia
DecidedJune 10, 1946
DocketRecord No. 3048
StatusPublished
Cited by29 cases

This text of 38 S.E.2d 471 (Ring v. Ring) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ring v. Ring, 38 S.E.2d 471, 185 Va. 269, 165 A.L.R. 1237, 1946 Va. LEXIS 198 (Va. 1946).

Opinion

Campbell, C. J.,

delivered the opinion of the court.

On the 6th day of July, 1943, Frances Huff Ring, appellee, instituted suit against her husband, Hencil Wright Ring, appellant.

The bill of complaint alleges that on the 7th day of November, 1930, she (then being eighteen years of age) was lawfully married to appellant in the town of Newland, North Carolina; that they are residents of the city of Roanoke, having resided there from the time of their marriage; and, that four children have been born of the marriage.

The bill of complaint, while charging generally that appellant was addicted to the liquor habit and that on occasions he was cruel and abusive to appellee, specifically charges that on July 4, 1943, appellant registered at a local hotel under the name of A. R. Wright, acquired a room which he occupied from 4:00 o’clock p. m., until 1:30 or 2:00 o’clock a. m.; that during his stay at the hotel he was visited by a woman who occupied the room with him; and that during the period named he was guilty of adultery with the said woman.

The prayer of the bill was that appellee be granted an absolute divorce from her husband, alimony, costs of suit, counsel fees, custody of the children and an adequate sum for their maintenance, support and education.

Appellant filed an answer denying the charge of adultery.

In lieu of depositions, the evidence was heard ore tenus and, therefore, the case comes to this court with all conflicts in the evidence resolved in favor of the appellee.

[272]*272Upon final submission, the court entered a decree adjudging that appellant was guilty of the act of adultery, as charged in the bill of complaint, and since appellee had not in any wise condoned said act, she was awarded a divorce a vinculo. The decree further provided that appellant pay to appellee “alimony in the sum of and at the rate of $300.00 per month, beginning with July 5, 1943; that appellant further pay unto appellee the sum of $100.00 per month for the support, maintenance and education of each of the three infant children; and that appellant further pay the sum of $20.00 per month for the infant, Nora Lucinda Ring, who is a student in a private school.

In order to secure the payment awarded, the decree further provided:

“And it is further adjudged, ordered and decreed that the awards and judgments to the complainant for alimony and for the support, maintenance and education of the three infant children, Hencil Wright Ring, Jr., Mary Frances Ring and Peter Huff Ring, and for the ‘other clothing and incidentals’ for the infant, Nora Lucinda Ring, shall all and several constitute, be and remain a specific lien and charge to attach to and be impressed npon 700 shares of the stock in Roanoke City Mills, Incorporated, owned by respondent, Hencil Wright Ring, and he shall forthwith deliver to and deposit with the Clerk of this Court, and the Clerk shall hold and retain subject to the further order of this Court, the stock certificates evidencing and representing the said 700 shares, and the Clerk of this Court shall endorse on each and all of said certificates the following memorandum or notation, to-wit:

“ ‘The stock evidenced by the within certificate is expressly subject to the lien and charge thereon provided for in the decree of the Court of Law and Chancery for the City of Roanoke, Virginia, entered January 31st, 1945, in the chancery cause of Frances Huff Ring v. Hencil Wright Ring, to which reference is hereby made.’ and the said stock shall not be pledged, encumbered, sold, [273]*273assigned, converted or in any manner transferred or disposed of without leave of this Court first obtained and after proper notice to the complainant and/or the legal representative of the said infant children, as their status at the time may require; * # ”

It was further adjudged and decreed that appellant pay to the attorneys of appellee the sum of $1200 for services rendered in the prosecution of the suit.

It is assigned as error that:

“The Court erred in its final decree in its allowance of alimony to Frances Ring and the support of the children, for the reason that the amounts decreed are grossly excessive in view of the net income of Hencil Ring, the estate of Frances Ring and her income derived therefrom, and the reasonable and proper needs of the children.”

The petition of appellant for an appeal contains this admission:

“Hencil Ring is a man of considerable means. His net worth is approximately $112,000.00. His principal asset is 793% shares of stock in the Roanoke City Mills of the approximate value of $95,000.00. His other assets consist of his home in the City of Roanoke, and a summer home at Terrapin Point (Irvington, Virginia), together with certain household furnishings, motor vehicles and miscellaneous personal property.

“For the past several years Hencil Ring has enjoyed a large income. His gross income for the year 1943, was $20,075.00, and an average gross income of $21,302.80 for the years 1937 to 1942 inclusive. He has a net income, after the payment of taxes, to properly and adequately support his former wife and children.”

According to the contention of appellee, this is a modest admission, as the proof offered by her shows that the estate of appellant is in excess of $150,000, excluding an income of $20,000 annually.

While it is true, as shown by the record, that appellee is possessed of a sizeable estate, there is no rule of law that [274]*274requires her to expend her estate to ameliorate the condition of appellant, brought about by his faithlessness to his marriage vows.

In Bailey v. Bailey, 21 Gratt. (62 Va.) 43, 58, which was the first divorce case to reach this court, Judge Christian said: “In fixing the amount of alimony in cases like this, the court will not seek to find how light the burden may possibly be made but what, under all the circumstances, will be a fair and just allotment.”

No rule of law is better established than that, during the marital status, it is the duty of the husband to provide adequate support and maintenance for his wife and children according to the station in life in which he has placed them, consistent with his financial ability. By a like token, the law imposes upon a derelict husband and father the duty of maintaining his former wife and his children in the same manner to which he has accustomed them, providing his financial status warrants it.

It is admitted that appellant and appellee lived a life of affluence during their marriage.

Our statute provides that the award of alimony is within the sound discretion of the court. While the allowance in the instant case is large, it is not excessive when we consider the fixed assets of appellant combined with his princely income.

Section 5111 of the Code provides: “ * * * upon decreeing a divorce * * * the court may make such further decree as it shall deem expedient concerning the estate and the maintenance of the parties, or either of them, and the care, custody and maintenance of their minor children * * # .”

In Twohy v. Twohy, 130 Va. 557, 107 S. E. 642, this court dealt with a question similar to the question now before us. In that case it appears that Florence M. Twohy was granted a divorce a mensa from her husband, George Twohy, on the ground of desertion.

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Bluebook (online)
38 S.E.2d 471, 185 Va. 269, 165 A.L.R. 1237, 1946 Va. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ring-v-ring-va-1946.