In re Franklin Street Church

Citations

• 249 Pa. 275
• 95 A. 89
• 1915 Pa. LEXIS 718

Syllabus

<p>Trusts and trustees—Charitable use — Changed conditions—• Price Act—Sale under Act of April 18,1868, P. L. 60S.</p> <p>1. Where an absolute devise in land is given to be used for certain purposes, and conditions have so changed as to require a change of location or even a conversion of the property into cash to be applied for the purposes and in furtherance of the object of the donor, a sale may be ordered.</p> <p>2. Land was conveyed in fee to the trustees of a church for the purpose of erecting thereon a church building and parsonage “whenever those members of the said church who reside in the part of the said borough called Kemville may determine,” or in the event of such trustees believing that a different location would be more advantageous giving them power to sell the ground in question, and that the amounts so received should be “expended for other lot or lots to be located in the same part of the borough.” The grant was absolutely for the purpose stated, there being no forfeiture clause or provision for the termination of the estate in case the land was not used for the purpose stated, and no remainder or reversion was created. The lots so devised were valuable, but owing to changed conditions and the shifting of the center of trade were not suitable for the purpose intended. Sixty years after the devise the trustees and congregation determined that the interest of the church would be best served by selling the lots and applying the proceeds to the payment of an indebtedness incurred in the enlargement of the present church. A purchaser then entered into an agreement of sale with the trustees, subject to the approval of the court. Held, the lower court did not err in authorizing the sale.</p> <p>Mercer Home’s Application, 162 Pa. 232, followed.</p>