ways belonged to the father. Similar rights are commonly granted to the father by those modern systems of law which are derived from the Roman. According to English law, however, the father as such has no rights over any property which belongs to his child. During the child's minority, if no trustee or guardian of his property has been appointed, the father will usually be appointed guardian, and in that capacity he is bound to administer the property for the benefit of his child, nor may he use it for his own profit.
On the other hand, English law gives no right to children to share in their father's property except in case of intestacy, differing in this also from the Roman and derived systems. The parent may by our law leave his property to whomsoever he will, unless, of course, it is entailed. If a father die intestate, one-third of his real estate, if he was possessed of any, goes to his wife as dower, unless it is barred as it is in the majority of cases; the rest goes to the eldest son or his issue, or if there were no son the rest is divided equally among the daughters. Of the personal estate of a father who died intestate one-third goes to the widow, and the other two-thirds to the children in equal shares.
2. A child who has the means is under a moral obligation of supporting his parent when he is incapable of supporting himself, and this obligation is enforced by English law.
Moreover, if a minor is earning wages the parent is not bound to support him free of cost, and until he is sixteen it would seem that the parent is justified in taking his earnings. Even after that age it may well be that an elder son or daughter who is in receipt of wages is bound to help to support younger brothers and sisters if the family is numerous. Apart from these obligations a minor acquires a full right to what he earns, and may enter into a contract with his parents for the payment of the cost of his board and lodging, reserving what is over of his wages for himself. If a minor works in his father's house no contract for wages will be presumed; he is supposed to forego them, or his keep is supposed to be an equivalent, unless an express contract for wages is entered into between them.
3. Minority ceases on the completion of the twenty-first year of the minor's age, or by emancipation. A minor is emancipated from his parents' control by marriage, by entering into religion, or when an adult child leaves the paternal household and enters the army or ordinary service as a domestic servant or labourer. [1]
- ↑ Eversley, Law of the Domestic Relations, p. 599.
