Appeal of Seagrave

Citations

• 125 Pa. 362
• 17 A. 412
• 1889 Pa. LEXIS 726

Syllabus

<p>(а) The will of a testator bequeathed his library “unto the trustees of the hospital to be founded or established as hereinafter provided for, if the same shall have been founded within five years after the decease of my surviving sister, and if the said hospital shall not have been so founded or established,.....in that event I give and bequeath said library unto my right heirs.” After bequeathing certain annuities and legacies, a codicil provided as follows:</p> <p>(б) “ The remaining principal of my residuary estate.....I wish to be a nucleus for the erection of a hospital to be founded and established within five years after the decease of my last surviving sister..... I authorize the conference of the Methodist Church for the district in which the city of Philadelphia is situate, which meets annually for the purpose of locating its clergymen and other church purposes, to organize in such a way as to it may seem best a scheme for this charity.”</p> <p>(c) “The certificate of the presiding bishop of the said conference shall be sufficient authority to my trustees for the payment of the money to such persons as he shall designate; the receipts of such designated persons shall be good and sufficient vouchers.....Of course I rely upon the said conference and bishop not to call for the payment of the money unless they have devised a scheme for the hospital, practical and. seemingly certain of success.”</p> <p>(d) “ I direct that, if within five years from the decease of my last surviving sister, by reason of the failure of such presiding bishop to certify persons to receive my residuary estate for the purpose aforesaid, the impracticability of the establishment of the proposed hospital shall have been demonstrated, that then immediately.....my trastees shall pay my remaining residuary estate in fee to such persons as would have taken the same at my decease as heirs and next of kin.”</p> <p>1. In such case, it being made to appear that within five years after the d