Girard v. Philadelphia
Supreme Court of the United States
Appeal from the Circuit Court fór the. Eastern District of Pennsylvania; the case as presented by bill and answer being thus: The,city of Philadelphia, as originally laid out in 1683, and as incorporated in 1701, was situated upon a rectangular plot of ground, bounded in one direction, by two streets called Vine and South, a mile -¡apart, and in the other by two rivers (the Delaware and Schuylkill), two miles apart;— the corporate title of the eity.being “ the-Mayor,…
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Appeal from the Circuit Court fór the. Eastern District of Pennsylvania; the case as presented by bill and answer being thus: The,city of Philadelphia, as originally laid out in 1683, and as incorporated in 1701, was situated upon a rectangular plot of ground, bounded in one direction, by two streets called Vine and South, a mile -¡apart, and in the other by two rivers (the Delaware and Schuylkill), two miles apart;— the corporate title of the eity.being “ the-Mayor, Aldermen, and' Citizens of Philadelphia.” Upon the neck of land above described the corporate city co'ntinued to be contained…
1Opinion of the CourtJustice Grier
delivered the opinion of the court, arid after observing th'at the attempt to restrain the alienation of the realty, being inoperative, could not affect the validity oí 'the devise, and that the income of the whole residuary was deyoted’to the three objects stated by the testator, the college being the “primary object,” and that so long as any portion of this residuary fund should be found necessary for v its improvement and maintenance,” on the plan and to the extent.declared in the will, the second and third objects could claim nothing — proceeded as follows:
The bill admits this to be a…
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