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Commonwealth v. Gilmore, Appellant.

Parent and Child — Support order — Revocation of — Education — Minor attaining age of sixteen — Effect.

In an appeal from an order of support for a minor, the evidence disclosed that the minor was over the age of sixteen years; that he was physically and mentally able to engage in a profitable employment at a supporting wage, and that there was available employment in the community. The minor had completed the term of school required by the attendance laws, but desired to finish his education in the public schools. In the proceeding neither the reasonableness of the amount of the order, nor the ability of the defendant to pay, were questioned. Under such circumstances the order of support will be affirmed.

A court may require a father to give his minor children such education, beyond the minimum required by law, in the public school as reasonably accords with the father's financial ability and position in life, and the child's ability, progress and prospects.

Argued October 7, 1929.

PER CURIAM, October 30, 1929:

The judgment is affirmed on the opinion of the court below.

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COMMONWEALTH v. GILMORE
(Oct 30, 1929)