Avery v. Home for Orphans of Odd Fellows
Supreme Court of Pennsylvania
Appeal, No. 86, Jan. T., 1910, by plaintiff, from decree of C. P., No. 1, Phila. Co., June T., 1909, No. 4,997, dismissing bill in equity in case of James H. Avery v. the Home for Orphans of Odd Fellows of Pennsylvania. Bill in equity for an injunction.
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Appeal, No. 86, Jan. T., 1910, by plaintiff, from decree of C. P., No. 1, Phila. Co., June T., 1909, No. 4,997, dismissing bill in equity in case of James H. Avery v. the Home for Orphans of Odd Fellows of Pennsylvania. Bill in equity for an injunction. Kinsey, J., stated the facts to be as follows: This is a bill in equity praying for an injunction to restrain defendant from using certain money, received by it from the estate of James D. Thompson, deceased, for the purpose of building a wing or addition to their building at the present time located at the northwest corner of Twentieth and…
1Opinion of the Court
Per Curiam,
The object of the testator’s bounty was the Home for Orphans of Odd Fellows of Pennsylvania, the location of which is given in his will as Twentieth and Ontario streets, Philadelphia. There is nothing in his bequest to it to indicate that its continuance at that location was a condition upon which the bounty was to be enjoyed, and the location was manifestly given by the testator merely for the purpose of fully identifying the institution. There may be others like it in the state. An unchallenged statement in the appellee’s paper-book is that there are four *60homes, of some kind, in…
2Cited by5 opinions
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