Girard College Trusteeship

Opinion by

Mr. Chief Justice Jones,

When this matter was here before, we affirmed the action of the Orphans’ Court of Philadelphia County denying admission to Girard College to William Ashe Foust and Robert Felder, poor male Negro orphans, for the reason that the will of Stephen Girard, the founder and endower of the College, expressly restricts admission to “poor male white orphans”: see Girard Will Case, 386 Pa. 548, 551, 127 A. 2d 287. Although the institution is referred to as a College, the testator himself aptly termed it an “Orphan Establishment” in one of two codicils which, with the…