Evans's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Allegheny county. In Equity. Of October and November Term 1869. In the estate of John M. Porter, deceased.
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Appeal from the decree of the Court of Common Pleas of Allegheny county. In Equity. Of October and November Term 1869. In the estate of John M. Porter, deceased. To March Term 1869, of the Court of Common Pleas of Allegheny, John M. Porter and others, part of the next of kin of John M. Porter, deceased, filed a bill against William Y. Evans and others, executors, &c., of the decedent, setting forth that by his will he had directed certain real estate to be sold, and given $56,000 to be expended in the establishment of acollege, &c.; that the will having been made within one month of the…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Read, J. —
When the will in this case was before the.court (in 3 P. E. Smith 292) the bequest “ to be expended in the purchase of a lot and the erection of a college or university with library rooms, &c., together with my library and $6000 additional to be expended in the purchase of useful books for the library, and it is my wish that the said college be known as the Porter University or College,” was held to be a charitable use, and the will, having been made within one calendar month before the decease of the testator, to be void by…
2Cases cited4 opinions
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Burr v. SimSupreme Court of Pennsylvania · 1836
- Rice v. BixlerSupreme Court of Pennsylvania · 1841
- Smith v. StarrSupreme Court of Pennsylvania · 1838
3Cited by7 opinions
- Robinson v. PierceSupreme Court of Pennsylvania · 1924
- Moore v. KernachanSupreme Court of Virginia · 1922
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Holliday v. HivelySupreme Court of Pennsylvania · 1901
- Rauch's EstateSuperior Court of Pennsylvania · 1902
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