In re Garrett-Williamson Lodge

Citations

• 239 Pa. 474
• 86 A. 1072
• 1913 Pa. LEXIS 593

Syllabus

<p>Corporations, first class — Charters—Articles of incorporation— Testamentary trust — Copy of will — Limitation of yearly income— Death of subscriber.</p> <p>1. The action of a Court of Common Pleas in granting a charter to a corporation of the first class under the Act of April 29, 1874, P. L. 73, and its supplements, where in the preparation of the certificate of incorporation as well in the procedure to obtain the charter all statutory requirements were observed, will not be reversed upon certiorari on the ground that the charter does not comply with the statute in particulars not mentioned in the act and therefore not conditions precedent upon which the granting of the charter depends.</p> <p>2. Where in such a case the corporation was created in accordance with the provisions of a will for the purpose of executing certain testamentary trusts, failure to have a copy of the will attached to the charter does not affect the validity of the charter.</p> <p>3. In such a case the charter is not invalidated because of the failure to provide an express limitation of yearly income, particularly where such charter does contain the following provision: “It shall also have the power to receive, hold, purchase, sell, transfer and convey other real and personal estate and property, not exceeding the amount limited by law.”</p> <p>4. In such a case the fact that one of twenty-five subscribers to the certificate of incorporation died prior to the granting, in no way affects the validity of the charter.</p> <p>5. In such a case the fact that no women were named as subscribers or as members of the hoard of managers of the corporation is immaterial where it does not appear that there was any provision in the will under which the coiporation was created requiring the inclusion of women.</p>