Kensington Hospital for Women Case

Opinion by

Mr. Justice Patterson,

The Women’s Medical College of Pennsylvania appeals from the decree of the court below awarding assets of Kensington Hospital for Women to the Episcopal Hospital. This appeal presents one controlling issue: Did the court below err when, in applying the doctrine of oy pres, it awarded assets of a defunct nonsectarian institution to another which is sectarian under its charter but which in practice does not discriminate in any way as regards race, color or creed?

Episcopal Hospital (formerly known as the Protestant Episcopal Hospital of Philadelphia), on May 3,…