Kramph's Estate

Citations

• 228 Pa. 455
• 77 A. 814
• 1910 Pa. LEXIS 509

Syllabus

<p>Wills — Charitable bequests — Variation of terms — Equity—Church law.</p> <p>1. Under the general jurisdiction of a court of equity to administer a charity, it has power to vary the precise terms of the charitable bequest so far as is necessary to carry out the general charitable intent.</p> <p>2. The requirements of a will providing for the establishment of a University of the New Jerusalem, to be founded in the consolidated city of Philadelphia, to teach, and to train New Church ministers in, the doctrine of the New Jerusalem, as laid down in the writings of Swedenborg, are fulfilled by the establishment of an institution with buildings located in the immediate vicinity although not within the corporate limits of Philadelphia, the teachings of which are based on the writings of Swedenborg; and it is immaterial that such institution was founded by a sect of Swedenborgians not in existence at the time of testator’s death, inasmuch as the gift was not to a denominational church, or to any subordinate body of such church.</p> <p>Wills — Charitable■ bequests — Religious institutions — Doctrine—Public policy.</p> <p>■ 3. Although the writings upon which the doctrines of a religious institution are based may be susceptible of a construction which would make them obnoxious to certain common standards of morality, a bequest to such an institution will not be defeated as against public policy where it does not appear that such writings constitute any part of the religious doctrines of the church, at least not with that interpretation put on them which would make them offend.</p>