Hayes v. Pratt

Citations

• 147 U.S. 557
• 13 S. Ct. 503
• 37 L. Ed. 279
• 1893 U.S. LEXIS 2185

Syllabus

<p>A citizen of Pennsylvania, born in New Jersey, devised and bequeathed the residue of his estate, real and personal, consisting mostly of property, in Pennsylvania and in Michigan, with some real estate in New Jersey, to his executors, in trust to sell and invest at their discretion, “ and to appropriate and. use the principal or income thereof for the purpose of founding and supporting, or uniting in the support of any institution that may be then founded, to furnish a retreat and home for disabled or ' aged and infirm and deserving American mechanics; ” and appointed as his executors H, a citizen of New Jersey, and W, a citizen of Pennsylvania, “ and in the event of the death of either or both of them, first, P, and next, N, to supply vacancy.” W took out letters testamentary in Pennsylvania, and there administered the property in Pennsylvania and in Michigan, and, with the approval of a Pennsylvania court, appropriated it to found a home for such mechanics, incorporated by the legislature of Pennsylvania to carry out the testator’s charitable intention. H took out letters testamentary in New Jersey, and took care of the real estate there, and died having done nothing beyond obtaining the opinion of counsel that the executors would be authorized, in their discretion, to provide a bed for such mechanics in a hospital, incorporated in New Jersey, for “ the care,.nurture and maintenance of sick, infirm, aged and indigent persons, and of orphan and destitute children,” and whose by-laws provided that patients in a condition to be discharged, or whose disease was incurable, should not remain in the hospital, and that those able to pay for their maintenance should do so. After the deaths of H and W, a son of H took out lettérs of administration with the will annexed of the unadministered goods, chattels and effects of the original testator in New Jersey; and, after having assured P that he would not dispose of the real estate in New Jersey without giving him an opport