Coffield v. Warren, 41 N.C. 23, 6 Ired. Eq. 23 (1849)

June 1849 · Supreme Court of North Carolina

41 N.C. 23, 6 Ired. Eq. 23

EUGENE COFFIELD, BY HIS GUARDIAN, vs. THOMAS D. WARREN & WIFE.

A testator, living and making his will in the County of Chowan, directed by his last will and testament, “that A. B., should receive a plain, practical education.” A. B then resided with the testator, his uncle, in the County of Chowan. After the death of the testator, the mother of A. B. removed him to Baltimore; Held, that the executors of the testator were bound to pay such a sum as would furnish him with a plain, practical education, according to the Chowan prices, including board, clothing, tuition, school books, medical charges, 4~c., and that, by the terms, “a plain practical education,” is to be understood a good English education, without reference to the languages or the learning taught at the Universities.

Appeal from an interlocutory order, made at the Spring Term 1849, of Chowan Court of Equity, his Honor Judge Manly presiding.

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. Soon after the death of his uncle, the plaintiff’s mother carried him to Baltimore in the State of Maryland, and filed this bill, praying for an allowance of such sums, annually, as would be necessary to give him a “plain practical education” in Baltimore. The defendants were willing to pay what would be necessary to give the plaintiff a plain practical education in the County of Chowan ; but objected to paying, what might be necessary in Baltimore. It is admitted, that in the expense of his education, clothes, board, and medical bill, if any are incurred, are to. be included, as well as the expense of tuition and school books. They submit to do, what the Court may decree.

The case was continued from term to term in the Superior Court, until Spring Term 1849, when there was a declaration, that the plaintiff was entitled, according to the prices in Baltimore, and a decree, referring it to the master to enquire, what was a proper allowance ; from which the defendants appealed.

Heath, for the plaintiff.

Burgwin, for the defendants.

Pearson, J.

We agree with the Court below, that the plaintiff is entitled to a sum necessary to defray the expenses of obtaining the education intended ; whether he remained in the County of Chowan under the supervision of the defendants, or was taken by his mother to the City of Baltimore. But, we think, the sum necessary must be estimated according to the prices in Chowan, where the testatorhad his domicil, and not according to the Baltimore prices. If a departure is made from the domicil? there is no better reason for stopping at the City of Baltimore than at London or Paris.

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.

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.

Ordered to be certified to the Court below.