, 1862-05-02
The VIII Of Stephen GirArd Set Aside
G1rard College In Danger.

The FhiladclpnEl inquirer o. Aonda4 says:
"La.suits by the heirs of Stephen GiIard
hare been pending in Schuy1kill county, Pa e,
to recover possession Of cighty-tive hundred
acres Of coal lard in MahoniDg Valley. four
teen miles above Pottsyine. An action Of
eirctment was brought against the city By
5uaustns Girard, John FabTicus GiEAfd aud
o11irr heirs, and at the end Of last week wis
decided in favor Of the heirs. THIS decision
was made By Judge Higgins Of Pottsvi!le-
"Strphcn Girr1rd died in 1851, and bis will
is dated February 10Th, 1850. In the will the
tes;ator directed that the net residue arising
from The rents, issues and profits Of his real
estate in Pcnnsy yIyania, after keeping the prop
| erty il, the city and liberties Of Philadelphia
| In good repair, and erecting new buildings
thtrton whenever necessary, "as to be ap-
| Piled to the same uses and purposes to which
| the residue Of his personal estate was ap-
| piled.
s:AmoDg the points raised by the plaintiffs
| was the following:
| sstThat the devise in trust to apply the
| rents Of the real estate in Pennsylvania, first,
much t},erenf as is situate in the city and
| liberties of Philadelphia, from time to time,
| as the SAME may be necessary, has no lmita..
tion as to time when such pillng up of capital
by the accumulation as aforesaid is to cease,
but the sane Inay continue beyond the period
| fixed for the yesting of an e1ecutory limlta~
ton, and is, therefore, void
tCopsidcEab1e Testimony was produced By
the plaiptifTs to show that on account of the
provision III the vii! limiting the leases Of the
land 10 five years, it was so fettered thereby
as 10 render the land practically useless, aud
therefore the devise was void, SIS being con-
trayv to the policy Of tho law, which does
not allow land to be locked up forever in that
| way: but the defendants showed TINT lenses
| had been already made on the teTms prescribed
| in TIC Will, aud that great many applications
| from responsible parties for leases on the
t lands had been made, and on terms profitable
10 tic city.
aTEe Judge affirmed the point Of the plain.
t;ffs (ahove gisen,l and Instructed the Jury
titled to recover the land. The c+se will bt
taken to the Supreme Court
The Philadelphia North american has thcss
| sta'.mcnts:
: "Tuc lvcIsion Of Judge Higgins was in ct
feet That the testament Of MIR. Guard III 6oal
OF its features was an aggressive trust, a!alns
puElic policy and law, and therefore void
: | and that In the eye OF the law he died lnseS
+ | tate, and his estate on the day OF his deaf
e vested i'll his heirs.
: ttStartliuc Is is this result, it Is even les
: remarkable than the circumstances which Al
+ supposed to surround it. 1t is asserted thu
II combination has been formed in THIS stAtt
r extending FROM Pittsburg to Philadelphia, an
t embracing men Of professional aud, especially
h OF political distinction, to destroy the sfus
!. and divert the estate from the purposes
:. which the testator solemniy DEVOTED II. Spe
= ! 11lntiyc interests, contingent upon taking II
h | brad from the mouth Of the orphan, ma
been spread far and wide, and even the pr
fessioral skill which at one time Vas employ
and psid for by the people OF tnalaaelpma Jpn =;
IF the heirs, engaged 10 LILLE eno1t " oe'1i'
u