Cresson's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by John E. Cresson and others, residuary legatees, under the will of Elliott Cresson, deceased, from the decree of the Orphans’ Court for the payment of certain legacies, bequeathed by the testator for charitable purposes.
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by John E. Cresson and others, residuary legatees, under the will of Elliott Cresson, deceased, from the decree of the Orphans’ Court for the payment of certain legacies, bequeathed by the testator for charitable purposes. The following bequests in the will of the testator, are those which gave rise to the present appeal:— “ Item. — I give and bequeath to the Mayor and Councils of Philadelphia the sum of $5000 in trust, as a perpetual fund, the income from which I desire shall be annually for ever expended in planting and…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
— We perceive, in the reasons assigned by the appellants, no sufficient warrant for disturbing the decree of the Orphans’ Court confirming the report of the auditor.
The legacy to the mayor and councils of Philadelphia is assailed, not because the city is incapable of taking or holding as a trustee, but because the bequest is alleged to be too uncertain, and not a charity. If it be a charity, then, as has been shown in the appeal of The Domestic and Foreign Missionary Society, decided at this term, it is not void, because the objects are vague…
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