Robert Cooper Grier

Name: Girard v. Philadelphia — Opinion of the Court
Author: Robert Cooper Grier

Girard v. Philadelphia — Opinion of the Court

Summary

“Girard v. Philadelphia — Opinion of the Court”, is a work by Robert Cooper Grier. It explores elements such as trust, corporation and testator.

Quotes from Girard v. Philadelphia — Opinion of the Court (Robert Cooper Grier)

Robert Cooper Grier, Girard v. Philadelphia — Opinion of the Court

“ If the trust for municipal purposes has been forfeited by the acts of the trustees, then by the terms of the will, it is forfeited to the commonwealth. But if it cannot be executed, and if the college is not entitled to take the income, who is entitled to the funds? The commonwealth, as parens patriae. If the devise had been to A. and his heirs, and A. had died without heirs, the estate would not go to the heirs of the testator, but would escheat. There is no reason why, in the case of a devise in trust for a charity, which has vested and taken effect and fails, a different rule should exist. ”

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Source: Wikisource

Robert Cooper Grier, Girard v. Philadelphia — Opinion of the Court

“ In this case the corporation has assented to accept the changes, assume the burdens, and perform the duties imposed upon it; and it is difficult to conceive how they can have forfeited their right to the charities which the law makes it their duty to administer. The objects of the testator's charity remain the same, while the city, large or small, exists; the trust is an existing and valid one, the trustee is vested by law with the estate, and the fullest power and authority to execute the trust. ”

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Source: Wikisource

Robert Cooper Grier, Girard v. Philadelphia — Opinion of the Court

“ But it cannot admit of a doubt that, where there is a valid devise to a corporation, in trust for charitable purposes, unaffected by any question as to its validity because of superstition, the sovereign may interfere to enforce the execution of the trusts, either by changing the administrator, if the corporation be dissolved, or, if not, by modifying or enlarging its franchises, provided the trust be not perverted, and no wrong done to the beneficiaries. ”

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Source: Wikisource

Robert Cooper Grier, Girard v. Philadelphia — Opinion of the Court

“ The City, [2] decided after the Consolidation Act, it was held that orphans, born in the limits of the old city, were entitled to the same preference as they had previously enjoyed; in other words, that orphans born beyond the limits of the old city were not, in the sense of the will, orphans born in the city; in fact, that the old city and new city were not the same thing. How was the police of the old city since the consolidation to be improved? In the first place the old city no longer existed. Moreover, the testator could not endow one part of the police ”

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Source: Wikisource

Robert Cooper Grier, Girard v. Philadelphia — Opinion of the Court

“ Where the trustee is a corporation, no modification of its franchises, or change in its name, while its identity remains, can affect its rights to hold property devised to it for any purpose. Nor can a valid vested estate, in trust, lapse or become forfeited by any misconduct in the trustee, or inability in the corporation to execute it, if such existed. Charity never fails ”

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Source: Wikisource

Robert Cooper Grier, Girard v. Philadelphia — Opinion of the Court

“ The surplus income beyond the wants of the college thus went, the learned counsel contended, to the heirs.
1. The college is the object to which all others are subservient. And if the trusts for municipal purposes cannot be executed by any one, then the whole trust estate must be applied for the purposes of the college. ”

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Source: Wikisource

Robert Cooper Grier, Girard v. Philadelphia — Opinion of the Court

“ In conclusion, he directed that if the city should wilfully violate any of the conditions of his will, the remainder of his estate should go to the commonwealth of Pennsylvania for certain purposes, excepting, however, the income from his real estate in the city and county of Philadelphia, which it was to hold for the college ”

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Source: Wikisource

Robert Cooper Grier, Girard v. Philadelphia — Opinion of the Court

“ In the erection and furnishing of the college and outbuildings, the whole fund of $2,000,000 was exhausted, and the whole income of the final residuary fund was now habitually drawn upon for the maintenance and education of the orphans, numbering, at the time when the bill was filed, about three hundred and thirty, and limited to this number, because the income from even the residuary fund was inadequate to the maintenance and education of a greater number. ”

Robert Cooper Grier

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