Hodnett's Estate

Citations

• 154 Pa. 485
• 26 A. 623
• 1893 Pa. LEXIS 924

Syllabus

<p>Will —Legacy—Charity—Trust—Act of April 26, 1855.</p> <p>A gift will not be deemed charitable merely from the nature of the professional character of the devisee.</p> <p>Testatrix by a codicil to her will, executed two days before her death, gave one half of the residue of her estate “ to the Pastor of the St. John’s R. C. Church of Altoona, Pa.” There was nothing in the evidence to show that the pastor of the church was present when the codicil was executed, or that he had been consulted, or that any communication had been made to him by testatrix respecting the legacy, or her wishes in regard to it. ■Held, that, in the absence of any evidence of facts or circumstances tending to establish a trust for either religious or charitable uses, the legacy was a personal bequest to the pastor of the church, and not aifected by the act of April 26,1855, making void bequests to charitable uses executed less than one calendar month before the death of the testator.</p> <p>It seems that the case would be different if the devisee had induced testator to give the estate absolutely under a promise, either express, or implied by silence, that he would perform the trust.</p>