TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 10 P26

Gale Encyclopedia of American Law Volume 10 P26 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 238 VIDAL V. GIRARD S EXECUTORS The controversial clauses of Girard s will established a college for impoverished white male orphans between the ages of six and ten years. In addition to specifying the subject matter to be taught the will barred clergymen of any denomination from holding any post within the college and from visiting the premises. Girard also bequeathed 500 000 to be invested and the income therefrom applied to the construction lighting and paving of a street in eastern Philadelphia fronting the Delaware River to be called Delaware Avenue. He also gave 300 000 to the Commonwealth of Pennsylvania to improve canal navigation. To implement these provisions Girard bequeathed the residue and remainder of his real and personal property to the mayor aldermen and citizens of Philadelphia in trust. The heirs of Girard instituted an action to have the devise of the residue of the real property to the mayor aldermen and citizens of philadelphia in trust be declared void on the theory that the recipients lacked the capacity to take lands by devise or if they were deemed capable of taking by devise for their own benefit they lacked capacity to take the lands in trust. The plaintiffs also asserted that because the beneficiaries of the charity for which the lands were devised in trust were ambiguous indefinite and vague the will had not created a trust that could be executed or recognized at law or in equity. The complaint sought the establishment of a resulting trust for the heirs an accounting and other relief. This case contained three principal issues. The initial question focused on whether the corporation of the city of philadelphia had the capacity to take the real and personal property for the construction and maintenance of a college pursuant to the trust established by the will. The second issue centered on whether the charitable purposes were valid and capable of being effectuated in accordance with the laws of pennsylvania. The third issue involved the

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