Sayne v. Sayne , 39 Tenn. App. 422 ( 1955 )

On Petition to Reheab.

McAMIS, P. J.

Appellant has filed a petition to rehear requesting ns to hold that the property of the daughter must first be completely exhausted before requiring that he contribute to her support.

We intended by our original opinion to reserve for the consideration of the trial court on the remand the question of what diminution in the future support of the daughter, if any, should be made because of her property holdings. Doubtless, if that court has not already done so, the daughter’s property holdings will be considered in relation to the capabilities of the father at any given time in the future. We cannot hold that her holdings be completely exhausted before there will be any duty on the part of appellant to contribute in any amount. The daughter’s ability to provide for herself out of her own means must always be considered in relation to the ability of appellant to provide for her at least some part of her support.

With this clarification the petition to rehear must be denied at the cost of appellant.

Hale and Howard, JJ., concur.