Ebenezer's Old People's Home of Evangelical Ass'n of Ebenezer v. South Bend Old People's Home, Inc.

Crumpacker, P. J. —

George Bernhard, late of South Bend, St. Joseph. County, Indiana, died testate on the 9th day of December, 1926. So much of his will as is pertinent to the questions presented by this appeal reads as follows:

“Item 6.

“In the event there is an institution in the City of South Bend at the time of my death or within two years after the time of my death, which has for its purpose of its existence the maintenance of a home for old people irrespective of their religious beliefs upon at least a partial charitable basis then I desire and direct my said executor to turn all the rest…