Stand's Estate

Citations

• 275 Pa. 77

Syllabus

<p>Trusts and trustees — Will—Charity—Free library — Identity of legatee — Appointment of trustee so that charity may not fail — Unincorporated association as trustee — Evidence—Acts of April 26, 1855, P. L. 828; May 9, 1889, P. L. 178, and May 28, 1895, P. L. 1U.</p> <p>1. Under tbe Acts of April 26, 1855, P. L. 328; May 9, 1889, P. L. 173, and May 23, 1895, P. L. 114, no disposition of property made for any religious or charitable use shall fail for want of a trustee, and the courts having equitable jurisdiction, may appoint such trustee.</p> <p>2. Parol evidence is admissible as an aid in determining for whom a legacy was intended.</p> <p>3. Where the identity of a legatee depends upon parol evidence, a finding of the lower court is entitled to the same weight as the verdict of a jury.</p> <p>4. Bequests for religious and charitable purposes may be lawfully made to unincorporated societies.</p> <p>5. 'Where a bequest is made to a free library association in a city named, and there are two organizations in such city maintaining one free library in the same building under a mutual arrangement, and both claim the bequest, the court will appoint trustees, other than such organizations, to hold and invest the legacy for the free library association as designated in the will; especially is this so where there is some ill feeling between the rival claimants.</p>