White's Estate

Opinion by

Mr. Justice Maxey,

The question here is whether the cy pres doctrine can be invoked under the facts of this case. It arose on exceptions taken by the heirs of testatrix to the decree of distribution of decedent’s estate by the Orphans’ Court. The court applied the doctrine of cy pres. The appellants claim that the circumstances do not warrant its application.

The decedent was Julia F. White, who had only one child, a daughter, named Virginia. Virginia lived with her mother and was 49 years of age at the time of decedent’s death. The daughter was mentally defective and had been so…