Kay Estate

Dissenting Opinion by

Mr. Justice Roberts :

As I see it, the majority ignores the holding and approach of the one case exactly on point, Berks County Tuberculosis Society Appeal, 418 Pa. 112, 208 A.2d 857 (1965),1 and proceeds apace to apply cy pres in a manner in -which it was never intended to be used. I would affirm the decree of the orphans’ court on the basis of its construction, with the help of extrinsic evidence, of testatrix’ will. I dissent.

Here, testatrix directed by her will that a single eleemosynary institution serving the blind receive a charitable bequest. The Western…