The New York herald., 1869-01-08
UNITED STATES SUPREME COURT.

City I'm 1854 Upon its Kxccution-Tho Un-
orthodox Religious Views or Mr.. Girard-
The English Rule ~ 10 superssifhous
Uscs-The Power or the Sovereign az 70
such Trusts.
Madame Hennette 0irard ana others Us. The Guy
0 Pni1adelphia.-After decision In the original
Girard will case. the city OF Philadelphia and It's
suburbs being consolidated by act Of the Legisla-
ture OF the state, the heirs revived their claim,
contending that the act OF consolidation defeated
the trust for municipal purposes by rendering 1t i'm
possible OF execution. The facts OF this subsequent
effort to defeat the charities OF the win appear In
the opinion OF Mr. Justice Grier, dsmissng the bill
below; and as the opinion has never before been
published 1t Is given o statement OF the case and
the law applicable TO II. The heirs OF the late
Stephen Girard have again come into court, claim
ing portion OF the property devised by him to the
city Of Philadelphia. The case OF Vidal the Ex-
ecutors Of Girard u How. III. has put an end to any
further controversy to the validity Of the trusts
and the power OF the city to execute them.
Nor do the heirs who are complainants In this bill
pretend to call In question the matters finally and
conclusivey settled by that case The facts which
are supposed to rehabilitate their claim have oc-
Cured since Its decision Admitting that the win OF
Girard entirely excluded them from any claim OF
right to the property in question: they now contend
that the Consolidation act has made 1t impossible for
any to execute the trusts for municipal purposes
and, as consequence the heirs cntitled to that
portion Of the estate appropriated by the testator for
such uses. II 1t shall appear that the effect
OF the Consolidation act Is not that which the
bill alleges, 1t may be unnecessary to discuss
the question whether, If 1t were, the con-
sequences assumed from 1t be legitimate.
The Will OF Girard. after sundry requests to his
relatives and friends and to certain specified chari
ties announces his great and favorite charity to be
the establishment OF college for the education OF
poor orphans 1t then procceds:-"Nnw give, de-
wise and bequeath all the residue and remainder OF
Aldermen and citizens Of Philadelphia in trust for the
TONED na the pemp e restrain
alienation OF the realty being imperative, cannot
sne 81 s a 70 icy es ana
ton and government 1t further directs that two
millions OF the personal estate be appropri-
should not be suficient, the remainder should be
taken ''lrom the final residuary fund hereinafter
four as foiows:Sand as Il regards the re-
mainder OF said residue OF my personal estate to in
vest the same IN good securities and In like manner
TO time 30 that the whole shall be permanent fund.-
ana apply the income Of said fund, first, to the fur
ther Improvement and maintenance Of the aforesaid
college, as directed IN the last paragraph Of the
twenty first clause Of this my will. Sec0nd-To en-
provide more extensively than they now do Tor the
security Of the Inhabitants OF the said city by CON-
petent police, including sufficient number OF watch
men really suited to the purpose; and to this end
recommend division Of the city Into watch Jls-
tricts, or four parts, each under proper head.
city property and the general appearance or the city
ITSELF and In efect, to diminish the burden OF taxa
ton now most especially IA upon those
the prosperity OF the city and the health and COM
fort OF ITS inhabitants, devote the said fund AZ
piled yearly and every year forever after providing
for the college as hereinbefore directed as my pri
mary object After discussing at some length the
eject q the Consolidation act the opinion pro-
ceeds:-N0w, 1t cannot be pretended that the Legis-
6s h Ssd tRe os e
continue the rights, duties, trusts, &C., in the en-
larged Corporation. 1t has done so. and has given
trusts and charities according to the intent OF the
testator a. declared in his will. The Legislature
pubic municipal corporation although il NAV not
impose burdens upon it without Its consent In this
case the Corporation has assented 20 accept the
changes, assume the burdens and perform the duties
imposed upon It; ana II Ii difficult to conceive how
they have forfeited their right to the charities
the objecls Of tins testator's charity remain the
same while the city, large or small, exists;
s s trust sts an vesisS sxssins ana % valid one me-
estate and the fullest power and authority TO
execute the trust. Whatever the Tears or fancy Of
this overSrown Corporation there s none no necessary or
patural inability which prohibits IL from administer
Ing this charity q faithfully as It could before its In
crease. In fact 1t b Q matter In which the COM
intervene. II the trust be not rightly administered
courts to compel @ proper execution. In the case Of
Vidal, the Supreme Court says that, III the trusts
ws.s In ss ss vas IN point q law r Is plain
INTO or contest the right o. the Corporation
sSs Would 'e excSse 1eloaS to the
a. paress pat,to. and its sole dscretion.'
nS
odious from its application in England 70 what were
called superstitious uses, Baxters vernon and
other similar ones, cannot be precedents, where
there is no established church which treats ali dis
that where there Is a valid devise to corporation,
In trust for charitable purposes, unaffected by any
question = 70 validity because fsupersttlon the
the copcrason,bs dissolved or or, Il not By mo- %odi.
trust be not perverted and no wrong done to the
benenciaries. Where the trustee Is o corporation
no modification OF Its franchises or change In It's
name wh's ts identity remains can AFFECT its rights
to hold property devised to II for any purpose. Nor
can valid estate IN trust lapse or become forfeited
by any misconduct In the trustee or inability In the
corporation TO execute H. u such existed. Charity
never ails and II Ia the right well the duty OF
also by iessistion az needed to have the charities
properly administered Now there IN no complaint
u U ns
tered: and does not appear that there now is, or
ever win be, any residue 20 apply to the secondary
objects he prosperity OF the city, &c. II. that time
should ever arrive the question whether the cnerty
shall be applied ~ 10 have the efect TO diminish
the burden OF taxationn ON all the corporation or
only those within the former boundaries Of the city,
Will have TO be decided. The case OF S0ohon VS..
The City 70 Casey does not decide H. nor II this
court bound to decide L. The answer shows how Il
may be done and the Corporation has ample power
conferred on it TO execute the trust according to
either hypothesis; and II further powers were neces-
sary the Legislature, executing the sovereign power.
can certainly grant them. In the meantime the
heirs at law Of the testator have no concern p the
matter, or any night to interfere By bill QsH hnet
Their antcsphuons OF the future perversi0n OF the
charity BY the corruption or the folly Of the
enlarged corporation and the moral impoesibilfty
Of its just administration are not sufcient reasons
FOR the interference OF this court to seize upon the
fund.- or any part Of IT. and to deliver It up to the
complanants, who never had and By the viii OF
Girard were not intended TO have, any right title or
forth IN the foregoing opinion, given In substance
snse bill dismissed, and nom the decree appeal
A. fopo oxodo orro In fha