This section contains the nature of the case and procedural background.

Patrick was the son of Cherry (W) and John (H). The marriage was terminated by divorce when Patrick was 12. When Patrick was 18, W filed a petition to modify the final judgment of divorce in order to have H pay for college for Patrick. The reasons advanced for this decree was that H was wealthy, that Patrick had the aptitude, that H refused to contribute, and that both W and H had attended college. The trial court modified the decree and H appealed.

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