Trustees of the Philadelphia Museums v. Trustees of the University

Citations

• 251 Pa. 125
• 96 A. 126
• 1915 Pa. LEXIS 646

Syllabus

<p>Municipalities — Conveyance of land — Alleged invalidity — Parties —Standing—Administrative hoards — United States — Dedication— Acceptance — Equity.</p> <p>1. Where a municipality created a board of trustees as its administrative agent for the management of a museum and the land on ■which the museum buildings were erected, the board had no standing to question the right of the city to convey away the property in the absence of a clear intent manifested by any of the ordinances relating to the board to create a separate and distinct entity as the depository of the legal title, and in the absence of any deed or other transfer executed by the proper city authorities and delivered to the board, particularly where it appeared that the city had from time to time leased portions of tbe property at yearly rentals wbicb were paid to tbe city and not to tbe board, and bad previously conveyed other portions of the tract for a sum which was paid to the city, not to the board.</p> <p>2. Where pursuant to the Act of April 25, 1903, P. L. 314, authorizing cities to establish institutions for the purposes therein stated with the power to purchase or accept by gift real or personal property, an ordinance conferred upon such board of trustees authority to take and hold real or personal property for the purposes comprised in the object of its creation with the powers and subject to the restrictions prescribed by the act, but did not otherwise change the status of the board, or provide that a transfer of the property in question should be made to it, the status of the board with respect to the property in question remained unchanged, and the board was merely the administrative agent of the city for the management thereof.</p> <p>3. Where in such case it appeared that the United States government had appropriated a large sum of money to aid in providing buildings necessary for the purposes of a commercial exposition which was to be held upon the property, with a further provision th