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41 N.C. 23

Coffield v. . Warren

Supreme Court of North Carolina

Decided June 5, 1849

Supreme Court of North Carolina · decided 1849-06-05

James Coflield died in 1S43. By his will the defendant, Margaret, was appointed his executrix; and he bequeathed, that “Eugene Coffield, (the plaintiff,) should re» ceive a plain practical education at the expense of his estate.” The plaintiff was then a boy about eleven years of age, living with the testator, his uncle, in the County of Chowan.

Decided 1849-06-05

Pearson, J.

¶2*25 We are also of opinion, that the plaintiff is entitled to recover such a sura, as will pay his mother, or any other friend, for the expenses incurred for his clothes, board, tuition and books, &c., according to the Chowan prices, during the time that he has been actually kept at school. If during the time he has been kept at school, he has acquired a “plain practical education,” by which we understand, a good English education, without reference to the languages or the learning tanght at the Universities, then the plaintiff, who is now eighteen years of age, will be entitled to a decree for the sura, which has been expended upon his education, having reference to the prices in Chowan. But if during the six years, that this bill has been pending, the plaintiff has not received such an education, he is entitled to a decree for such a sum, as will now enable him to finish his education, and also to pay any expense that may have been incurred, while he has been kept at school.

¶3 The decree below must be reversed, with costs in this Court, and a reference be made to the Clerk to ascertain how long the plaintiff has been kept at School; at what expense for clothes, board, tuition, school books, medical charges, <^c., while at school, according to the rate of charges in the County of Chowan ; whether the plaintiff has obtained a plain practical education; if not, then what yearly allowance, according to the prices in the County of Ghowan, ought to be made to enable him to do so.

Per Curiam.

¶4 Ordered to be certified to the Court below.

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