Chowan County NcArchives Court.....Thomas D. Warren, Eugene Coffield V. 1849
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Connie Ardrey n/a January 30, 2010, 5:16 pm

Source: Nc Reports
Written: 1849

Eugene Coffield, By His Guardian vs. Thomas D. Warren & Wife, 1849

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, &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 Coffield died in 1843. By his will the defendant, Margaret, was 
appointed his executrix; and he bequeath, that "Eugene Coffield, (the 
plaintiff) should receive 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

[NC Supreme Court]
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 testator had his domicil, and not according to the Baltimore prices. 
If a departure is made from the codicil, 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 sum, 
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 taught at the Universities, 
then the plaintiff, who is now eighteen years of age, will be entitled to a 
decree for the sum, 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 a 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 
Chowan, ought to be made to enable him to do so.

Per Curiam
Ordered to be certified to the Court below

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