The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-08-17
MONDAY, AUGUST IT, 1868.
The Law of Charitable Trusts in Penn
sYlVanla.

important decisions which has been made from
the Bench of Philadelphia for many months.
1t embraced full and exceedingly exhaustive
series of authorities, and may be considered as
settling the law of the State in regard to the
administration of charitable trusts. The
CITY of Philadelphia, acting as trustee under
the will of Stephen Girard, applied to the
Court of Common Pleas for permission to lease
certain coal lands in Schuylkill county for
term of fifteen years. Under the will there
was an express condition that none of the real
estate left by Mr.. Girard should be leased for
longer period than flee years. The clause
of the will reads, $50 far as regards his real
estate in Pennsylvania in trust, that no part
thereof shall ever be sold or alienated by the
said mayor, aldermen, and citizens Of Phila-
delphia, but the same shall forever
thereafter be let from time to time, to good
tenants at yearly or other rents, and upon
leases, x not exceeding five years."
Experience has shown that it was impossible
to induce any tenants to take these mines on
such short lease. 1t was evident that there
could be no possible profit result from the
establishment of large improvements on these
lands, at the lessee's expense, if the term
could not be extended beyond five years.
Hence the city petitions the Court for leave to
lease the lands for three times the length
specified by the testatOr. Judge Brewster in
deciding the question, evinced nicely of
legal discrimination, a profundity of research,
and a widespread knowledge of English law,
which fully comes up to the high expectation
= r. i
to the bench. Tie opinion is exceedingly
able and conclusive. 1t not only
abeunds in law precedents, but it con-
forms entirely to the dictates Of common sense.
The Judge granted the petition, and authorized
the leases as prayed for. In doing so he ex-
amined the case in two lights. Had the Court
the right to digress 80 widely from the express
will of testator, and had the necessity for
such an exercise of its right, supposing it
possessed it, now arisen9 In answering the
first question the learned Judge goes back to the
days of the Stuarts, and cites precedents which
cover over two hundred years. In the history
of Great Britain's jurisprudence, he finds many
cases in which the expressed wish of the testa-
tor was secured by deviating from his ex-
pressed directions as to the manner of carry
ing it out. He states that the directions of the
will are three-fold:-
First. To keep these mines Constantly
rented"
Second. To let them ''from time to time to
good tenants at yearly or other rents"
Third. "Upon leases in possession not ex-
eeeding five years."
II is found impossible to lease them for Fl Ve
years, and the question arises, as the Judge
we'll puts it, "whether it is better that mem
ber of this testament die than that the whole
body Of the trust perish.' That it has been
the custom of British jurists to go far out of
he way of the direction of a will in order that
q charity might be successfully carried out, is
clearly shown. In one case devise merely
said that it was to "assist the poor" The
Court directed it to be applied to the support
of forty poor boys. Another case, SO late as
1863, involved the disposition of fl000 to
charitable uses. The Court named Christ's
Hospital as the donee. In 1875 a legacy
Although there was no probability of such
a consummation, the bequest was held good.
Probably the case involving the largest sum
was that of Ann earn, who left ESQ, 900 to aid
olergymen with large families and who were
poor, provided her executor thought proper.
The executor died before the testatrix; yet the
bequest was held to be good. These are but
few of the cases cited, the whole Of them fol-
lowing the general doctrine of Sir Richard
Pepper Arden, who said that a charitable be-
quest cannot be defeated by the negligence or
default of the person to administer it, or by
the 'impossibility to give effect to every cir
Cumstance."
If the mode becomes impossible,
the general object, if attainable, shall not be
defeated"
To this doctrines, so wise and at once so con-
sonant with justice and common sense, Judge
Brewster gives his decided appreciation. He
looks at the end designed by the testator, and
adapts the means to secure its accomplish
ment. He therefore grants the petition to the
city The ability and thorough research
evinced by his decision may be considered as
settling the law in Pennsylvania. We must
congratulate the people on the adoption and
judicial recognition of doctrine which is the
only one consistent with reason. II sweeps
away the mass of techncalities which are so
often clustered around a charitable beuuest,
and does much to make the will of the dead at
once practicable and consistent with his ex-
pressed wishes.
On Thursday morning, July l6, the last
remnants Of the Paris Exhibition of 1867 were
Tod o,.l -. $50 A.