Shields v. Philadelphia

Opinion by

Mr. Justice Cohen,

Anna Hazen died in 1936. Her last will and testament offered a' certain piece of real estate to the City of Philadelphia (City) “for a public park, on condition that no buildings shall be erected thereon other than those required for the’ comfort of the people, and also that the garden and trees shall be preserved as far as possible. . . .” The City accepted the land, now known as Howell Park, and.the.deed was duly recorded.

Numerous surveys and studies had been made by the City to determine the best use to which the park could be devoted. Its small size,…