Griffitts v. Cope
Supreme Court of Pennsylvania
Certificate from the Nisi Prius. Ejectment.—In 1747, Samuel Powell, the younger, by his will, “ authorized and directed his executors to grant unto such persons as the monthly meeting, of the people called Quakers, in Philadelphia, shall nominate, their heirs and assigns for ever, and in trust for the same people for ever, sixty feet of ground on the south side of Pine street, and as near the middle between Front and Second streets, as conveniently may be, and the whole…
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Certificate from the Nisi Prius. Ejectment.—In 1747, Samuel Powell, the younger, by his will, “ authorized and directed his executors to grant unto such persons as the monthly meeting, of the people called Quakers, in Philadelphia, shall nominate, their heirs and assigns for ever, and in trust for the same people for ever, sixty feet of ground on the south side of Pine street, and as near the middle between Front and Second streets, as conveniently may be, and the whole depth of my ground, there to build a meeting-house upon, if the members of that meeting shall agree to build a meeting-house…
1Opinion of the Court
The opinion of the court was delivered by
Lomara, J.
There is a very palpable distinction between a gift of land from motives of charity, and a dedication of land to charitable uses; and there are most intrusive reasons giving a judicial bias in favor of satisfying the motive without establishing a perpetual dedication.
Our law discourages the fettering of estates and putting them into mortmain, and therefore favors the construction which relieves from restraints upon alienation. And it seems unreasonable to suppose, that a devisor ever means that his heirs shall get back the land in such cases,…
2Cited by14 opinions
- Canovaro v. Brothers of the Order of Hermits of St. AugustineSupreme Court of Pennsylvania · 1936
- Abel v. Girard Trust Co.Supreme Court of Pennsylvania · 1950
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- T. W. Phillips Gas & Oil Co. v. LingenfelterSupreme Court of Pennsylvania · 1919
- Boone Biblical College v. ForrestSupreme Court of Iowa · 1937
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