Frazier v. St. Luke's Church
Supreme Court of Pennsylvania
Appeal, No. 165, July T., 1891, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1891, No. 782, on case stated. Case stated between William W. Frazier, trustee of The Foreign and Domestic Missionary Society of the Protestant Episcopal Church of the United States of America and The Rector, Church Wardens and Vestrymen of St. Luke’s Church, in the city of Philadelphia.
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Appeal, No. 165, July T., 1891, by defendant, from judgment of C. P. No. 4, Philadelphia Co., June T., 1891, No. 782, on case stated. Case stated between William W. Frazier, trustee of The Foreign and Domestic Missionary Society of the Protestant Episcopal Church of the United States of America and The Rector, Church Wardens and Vestrymen of St. Luke’s Church, in the city of Philadelphia. The case stated was as follows: “ Miss Catherine M. Moore died seized of two certain ground-rents of forty-five dollars per annum each, issuing out of the premises 1315 and 1317 Pine street, in the city of…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
This case presents a question which would be interesting to discuss, were not the law controlling it already authoritatively settled. It is, whether a bequest or devise for a charitable use, is void, because given to a person or corporation incapable of taking or holding the legal title.
The 10th section of the Act of April 26, 1855, P. L. 831, provides: “ That no disposition of property hereafter made for any religious, charitable, literary or scientific use, shall fail for want of a trustee, or by reason of the objects being indefinite, uncertain, or…
2Cases cited1 opinion
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