McIlvaine Estate

Opinion by

Mr. Justice Patterson,

Testatrix bequeathed the sum of $10,000 in trust, with direction to pay the principal and accumulated interest to a home for aged persons when the Presbyterian Church in the United States of America “shall establish a home for the aged at some point in Western Pennsylvania.” The court below held that such a home as testatrix intended had not yet been established. Hence this appeal.

Nora I. Mcllvaine died May 16, 1941, and by the eighth paragraph of her will, dated November' 8, 1936, provided: “I give and bequeath to the Washington Union Trust Company, of…