Barnes Foundation v. Keely

Dissenting Opinion by

Mr. Justice Simpson,

I dissent from the opinion and order of the court in this case. The charter of the corporation plaintiff provides that its “purpose [is] to erect, found and maintain, in the Township of Lower Merion, County of Montgomery and State of Pennsylvania, an art gallery and other necessary buildings for the exhibition of works of ancient and modern art, and the maintenance in connection therewith of an arboretum, wherein shall be cultivated and maintained trees and shrubs for the study and for the encouragement of arboriculture and forestry, together with a…