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· 2/26/1912

Centennial & Memorial Ass'n of Valley Forge

Citations

  • 235 Pa. 206
  • 83 A. 683
  • 1912 Pa. LEXIS 527

Syllabus

<p>Trusts and trustees — Charitable use — Valley Forge — Corporations — Shares.</p> <p>1. The Centennial and Memorial Association of Valley Forge incorporated as a corporation of the first class under the Act of April 29, 1874, P. L. 73 “to purchase, improve and preserve the lands and improvements thereon occupied by General George Washington at Valley Forge, and maintain them as a memorial park for all time to come,” was engaged in a public work and its funds, accruing partly from general contributions, and partly from payments made by the State in condemnation proceedings under the Valley Forge Park Act of April 7, 1905, P. L. 117, were properly awarded upon the formal dissolution of the association to the Commissioners of the Valley Forge Park appointed under the Act of May 30, 1893, P. L. 183 “for the purpose of perpetuating and preserving the site upon which the Continental Army under General George Washington was encamped in winter quarters at Valley Forge.”</p> <p>2. The fact that the Centennial and Memorial Association of Valley Forge had issued shares of stock was held immaterial in such case where it appeared that such shares lacked the essential features of shares of stock, giving to their owners no rights to dividends, and contemplating no rights to share in the property.</p> <p>3. On the dissolution of a charitable association the property of the association does not revert to the donors, nor may it be divided among the members of the association, but it must be appropriated to the purposes most nearly akin to the intent of the donors under the direction of the court.</p> <p>4. A charity in a legal sense may be.defined as a gift to be applied consistently with existing laws for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining

Judges: Brown, Fell, Moschzisker, Potter, Stewart

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