Hardy v. Park
Hardy v. Park
Opinion of the Court
By the Court.
delivering the opinion.
Does the bequest make the clothes of the children a charge on the rail road stock ? The court below held that it does not, but we think that it does.
A child, to be educated, has to be clothed. And it is a general principle, that a grant of the end is a grant of the means. According, then, to this principle, the bequest of an education to the children was a bequest to them of their clothes during the period of their education.
This view is favored by the large amount of the property which is charged with their education. ' The dividends alone on eighty shares of stock, if well managed, will, probably, the tender years of the children considered, be sufficient to give them a classical education, including the expense of board and clothing.
A child to be educated, has not only to be clothed, but also to be supported — to be boarded.
According, then, to the principle aforesaid, the grant of an education is the grant of board and clothes, as things inclusive in the grant of an education. And the grant in
We think, then, that the clothes of the children, during the period of their education, were a charge on the rail road stock.
In North Carolina a similar view on the question is entertained. — See Busby’s Eq., 148; 1 Dev. & Bat. Law, 397-399; 2 do. Eq., same case; 6 Iredell’s Eq., 3, 2d 23.
Judgment reversed.
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