Curtis Estate

Opinion by

Mr. Justice O’Brien,

This appeal is from the final decree of the Orphans’ Court Division of the Court of Common Pleas of Montgomery County, which declared that the title to “Curtis Arboretum”, a public park in Cheltenham Township, *529was not the property of the Township, but that of appellees.1 The facts surrounding this appeal are as follows: Cyrus H. K. Curtis died on June 7, 1933. Included in his estate were some 165 acres of real estate, situate in Montgomery County. This real estate was devised by Article Ninth of the testator’s will, which reads in part:

“Ninth. I give, devise and…