Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-04-25
Discusses Terms Of VIII

Whereby Mr.. johnson bequeathed his
saIt property to the city on the con.
{tfon that the city should execute a
( ontract with his executor providing for
{. be erection of an art gallery for his
election. Three years later he pur-
hased the property at 80 South Broad
treet and later stipulated In a codicil
I hat 1t should be maintained to house
he pictures.
( The fact that the city accepted Mr..
Tohnson's collection in the terms of his
Ill is stressed by Mr.. Norris, who
wrote:
Subject to the limitations Of law, a
! estator has the right to do what he
oake his will. The courts of Penn
ylvania have repeatedly held that their
My duty in the construction of a will
. to determine what the testator in
ended-not what they or any one else
!. hink that he should have done or in
!. ended.
= ''In this particular case the city had
! b choice of either accepting or reject
I ag, but it must be apparent to the most
i neducated conscience that in accepting
! he bequest it was bound by every con-
Iteration of honor and good faith to
crupulously observe the conditions at
}. ached''
Y As Mr.. johnson named the Metro.
,olitan Museum in New York as the
.,lternate recipient of his collection In
ase the terms of his will were not ac-
,spted by the city, Mr.. Norris points
nut that that museum might well claim
hat the title Of the City of Philadelphia
vas based upon an eXecutory contract
y which it agreed to faithfully per-
iorm' certain conditions, and that II.
without ever having attempted to carry
out these conditions, it proceeded, by its
own act, to render their performance
Impossible. its title fell y
The five years that have elapsed since
Nr. Johnson's death are called by Mr..
Norris "a mournful period" in which
nothing has been done to fireproof the
Broad street house or to make any OF
the adaptations that would facilitate
the public exhibition of the pictures
They have been kept in storage, De.
.eriOrating in the dark and involving an
annual expense without any compensat-
Ing benefit"
The decision of the Orphans Court In
refusing to grant permission to house
the pictures in wing of the Municipal
Art Gallery is cited by Mr.. Norris in
proof of the legality involved.
Summing up, he says:
"The remedy for the present intol-
e9able situation is very simple one.
A sum not very much greater than the
sum needed for purposes of destruction
In the proposed opening Of Naudain
street. If applied to purposes Of con-
struction. would adapt the johnson
home to exhibition purposes. give it ad :
Squate fire protection and afford to
the southern section of the city within
. half mile of the City Hall IA delight
full gallery, which would not only be
. source Of never ending delight for
those who might not have the leisure "a
tourney out to FairmOunt Park. but
would also be a Mecca for art lovers
from all over the country.
sThe city has at the present time
. large borrowing capacity, and if the
necessary funds cannot be readily pro.
ytded from the tax levy they can b,
provided from loan tunds without any
4 difhculty. Even il this We're not SO
the writer Is entirely confident that
public spirited citizens who believe IL
the faithful performance of contracts
and who desire to save the City o,
Philadelphia from the shame of repu.
dating this contract, would COntribut,
literally to this purpose.
Az "Repudiation In this case would b'
especially base and contemplate. be
cause it would be taking advantage Of {
man who was abundantly able to pro
tect himself in life. but whose powers
have now been palsied by the hand o