Hamilton v. John C. Mercer Home

Citations

• 228 Pa. 410
• 77 A. 630
• 1910 Pa. LEXIS 500

Syllabus

<p>Trusts and. trustees — Charitable trust — Failure of trust.</p> <p>A charitable trust of real and personal property to found a home for “clergymen of the Presbyterian faith who are decayed by age or disabled by infirmity, and who do not use tobacco in any shape or form,” will not be declared to have failed because of the practical failure of applicants for admission to the home, vdiere the evidence shows that applicants were deterred, not by reason of the restriction against the use of tobacco, but by a restriction, imposed by the manargers without any authority in the will, requiring applicants to separate from their wives, and that if the latter restriction were removed there would be more than enough applicants and their wives to fill the home.</p>