Legal Opinion · Dissent

James Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided June 21, 1963No. 1139 of 1961Published

1Dissent

Dissenting Opinion

Lefever, J.,

June 21, 1963. — The majority decides that “. . . in Pennsylvania there are no limitations on accumulations for charitable purposes, either under the common law or by statute” 1 and “. . . . so far as charitable trusts are concerned there can be no void accumulations. . .”2 The court concludes that “. . . the General Assembly has removed from judicial determination every vestige of our former power to declare a charitable accumulation void on the ground that it is unreasonable as to either duration or amount”.3

It follows from this sweeping decision that a trust…

2Cases cited23 opinions

  1. Wardens & Vestry of St. Paul's Church v. Attorney GeneralMassachusetts Supreme Judicial Court · 1895
  2. Hoadley v. BeardsleySupreme Court of Connecticut · 1915
  3. Webb EstateSupreme Court of Pennsylvania · 1958
  4. Quinn v. Peoples Trust & Savings Co.Indiana Supreme Court · 1945
  5. City of Boston v. DoyleMassachusetts Supreme Judicial Court · 1903

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