“ Stephen Girard, by a will probated in 1831, left a fund in trust for the erection, maintenance, and operation of a 'college.' The will provided that the college was to admit 'as many poor white male orphans, between the ages of six and ten years, as the said income shall be adequate to maintain.' The will named as trustee the City of Philadelphia. ”

“ The Orphans' Court rejected the constitutional contention and refused to order the applicant's admission. In re Girard's Estate, 4 Pa.Dist. & Co.R.2d 671 (Orph.Ct.Philadelphia) . This was affirmed by the Pennsylvania Supreme Court. ”