Nauman v. Weidman

Citations

• 182 Pa. 263
• 37 A. 863
• 1897 Pa. LEXIS 804

Syllabus

<p>Trust and trustees — Charitable use — Devise.</p> <p>A devise of real estate to a church in trust to devote the income to keeping testator’s family lot in a graveyard in order, and to distribute the balance, within specified limits as to amounts, to home or foreign missions for the spread of Christianity, and the residue among the needy poor of the vicinity as the trustees and their successors may think best, creates a valid trust for charitable uses.</p> <p>A trust for a charitable use created by will and vested in a church cannot be defeated by deeds in which the church trustees, the surviving executors of testator, and heirs of the testator join in pursuance of a compromise of an ejectment suit brought by the heirs against the church trustees. None of the parties had any title, except the church trustees, and, the conveyance being a diversion of the proceeds and a violation of the trust, they had no power to convey.</p>