Legal Opinion

Yard's Appeal

Supreme Court of Pennsylvania

Decided January 24, 1870PublishedCited by 11 opinions

Appeal from the decree of the Orphans’ Court of Philadelphia: In the estate of George S. Hamill, deceased: No. 850, to January Term 1869. The proceedings were upon the account of John Yard, Jr., administrator c. t. a., of George S. Hamill, deceased. The account was referred to Charles Buckwalter, Esq., who made a report February 16th 1866, which was confirmed.

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Appeal from the decree of the Orphans’ Court of Philadelphia: In the estate of George S. Hamill, deceased: No. 850, to January Term 1869. The proceedings were upon the account of John Yard, Jr., administrator c. t. a., of George S. Hamill, deceased. The account was referred to Charles Buckwalter, Esq., who made a report February 16th 1866, which was confirmed. It appeared that the decedent died in August 1863, leaving a will, which was dated October 16th 1864, by which he gave distinct ground rents to each of the following associations and churches, viz. : 1. To the poor of St. Francis Xavier…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

— It is no valid objection to a grant or devise to a charitable use that it creates a perpetuity, or renders the estate granted or devised for the purpose inalienable. “ This, it is observed,” says Mr. Lewis, “is the characteristic of alienations to charitable uses; it is in the very nature of such dispositions, to withdraw the subject of them from every kind of circulation, since a contrary course defeats their manifest object, viz.: sustentation of the charitable or religious institutions, or the carrying out in continuity of the…

2Cases cited1 opinion

  1. Perin Ex Rel. Perin v. CareySupreme Court of the United States · 1861

3Cited by11 opinions

  1. Newlin EstateSupreme Court of Pennsylvania · 1951
  2. Lockhart's EstateSupreme Court of Pennsylvania · 1932
  3. Friday's EstateSupreme Court of Pennsylvania · 1933
  4. Lawson's EstateSupreme Court of Pennsylvania · 1919
  5. Town of Cody v. Buffalo Bill Memorial Ass'nWyoming Supreme Court · 1948

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