Legal Opinion

Fusco Estate

Pennsylvania Orphans' Court, Beaver County

Decided September 25, 1958No. 947-53Published

1Opinion of the Court

Reed, P. J.,

— It is the law of this Commonwealth that the duty of a parent to support and maintain his children includes the child’s education. It is also the law that it is only where the parent (father) is without any means or is without adequate means that an allowance will be made from the child’s separate estate for the child’s education: In re Harland’s Accounts, 5 Rawle 323 (1835) ; Newport v. Cook, 2 Ashmead 332 (1841). See also 67 C. J. S. §15(c).

In Commonwealth v. Gilmore, 97 Pa. Superior Ct. 303, 308, the court, citing authorities, set forth the applicable principles in this…

2Cases cited8 opinions

  1. In re RyderNew York Court of Chancery · 1844
  2. Middlebury College v. ChandlerSupreme Court of Vermont · 1844
  3. In re Harland's AccountsSupreme Court of Pennsylvania · 1835
  4. Streitwolf v. StreitwolfSupreme Court of New Jersey · 1899
  5. Turner v. . GaitherSupreme Court of North Carolina · 1880

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