McCully's Estate

Citations

• 269 Pa. 122
• 112 A. 159
• 1920 Pa. LEXIS 777

Syllabus

<p>Wills — Legacy to church — Consolidated church — Surrender of charter — Charity—Statutes—Acts of July 7, 1885, P. L. 259, and May 9,1889, P. L. 178, and May 28,1895, P. L. Ilk-</p> <p>1. Where a legacy is given to a church which, after the making of the will but before the death of testator, has been consolidated with another church of the same denomination, carrying on the same work in the same neighborhood, and thereafter the legatee named surrenders its'charter, the object of the trust does not cease to exist within the meaning of the Act of July 7, 1885, P. L. 259, and the legacy will be awarded to the consolidated church.</p> <p>2. The Act of 1885 relates to gifts “for any religious, charitable, literary, educational and scientific use or purpose,” and not to gifts to corporations organized for such purposes.</p> <p>3. In construing a statute, words not technical must be given their ordinary meaning, unless the context compels the contrary conclusion.</p> <p>4. Statutes must be so construed, if possible, as to render them harmonious throughout.</p> <p>5. While the Act of 1885, within the scope covered by it, was intended to and for the time being did destroy the cy pres doctrine of the State, it was restored, at least in part, by the Acts of May 9, 1889, P. L. 173, and May 23, 1895, P. L. 114.</p> <p>6. Under these acts the heir at law cannot claim a legacy given to a corporation organized for religious, charitable, literary, educational or scientific purposes, because of the dissolution of the corporation, but it would be “the duty of the court by its decrees to carry into effect the intent of the testator, so far as the same c¿n be ascertained and carried into effect, consistently with law or equity.”</p>