Johns's Estate

Citations

• 265 Pa. 311
• 108 A. 593
• 1919 Pa. LEXIS 547

Syllabus

<p>Wills — Trusts and trustees — Payment of income to school district —Condition—Not to reduce tax rate — School Code, Act of May 18, 1911, P. L. 809, Sections 186,101.</p> <p>A trust to pay the income to a school district to be used to improve and elevate to a higher level the standard of practical education, is not invalid nor impossible of performance because of a condition that no part of it shall be used to lower the tax rate for school purposes, inasmuch as school districts are authorized by Section 126 of the School Code of May 18, 1911, P. L. 309, to receive bequests subject to all the conditions annexed thereto, and the school directors are authorized by section 401 in their discretion to establish and maintain schools of a higher grade and provide facilities for higher education than that required by law. Such a bequest would thus enable them to do what they were permitted but not required to do without affecting the tax levy necessary to maintain the, required educational facilities.</p>