In re John C. Mercer Home for Disabled Clergymen

Citations

• 162 Pa. 232
• 29 A. 731
• 1894 Pa. LEXIS 969

Syllabus

<p>Will — Charity—Beal estate — Alienability—Visitorial powers — Act, 1853.</p> <p>A testatrix devised a farm of 185 acres, called “ The Mount,” with all the personal property thereon, for a home for disabled clergymen, to be incorporated and thereat established, and gave $100,000 to provide some means for its support. She further directed “ that no part of the said estate and property called ‘ The Mount,’ and devised as aforesaid, shall be sold or disposed of, incumbered or applied to any other use or purpose than as a home for disabled clergymen of the Presbyterian faith as above specified.” On an application by the trustees to sell a small portion of the farm remote from the buildings occupied as the home, Held:</p> <p>(1) That nothing short of a plain, unequivocal direction that no part of the land shall be parted with for any purpose whatever, ought to be held sufficient to restrain the managers from doing that which the interests of the charity under their control require of them.</p> <p>(2) That the intention of the testatrix was to forbid the diversion of any part of her gift to other purposes than those to which she had devoted it, which intention might be best followed by allowing a sale.</p> <p>(3) That the testatrix having created no remainder or reversion, the charity took an estate in fee simple and the managers were answerable to the commonwealth only, and to her they might apply for direction if in doubt about their powers and duties; which direction, formerly given by special statute, is now given through the orphans’ court, under the Price act; and that the consent to the sale of that court was the consent of the sovereign, in the exercise of visitorial powers, and enabled the managers to malee a good title to the land.</p>