Appeals, Nos. 200 and 201, Jan. T., 1949, from decree of Orphans' Court of Philadelphia County, Oct. T., 1924, No. 3792, in Estate of John Wanamaker, Deceased. Decree affirmed.
J. Willison Smith, Jr., with him Samuel L. Sagendorph, for The Bethany Collegiate Presbyterian Church and Bethany Brotherhood, appellants.
Robert W. Sayre, for Fidelity-Philadelphia Trust Company, appellee.
Edward S. Morris, for The Big Brother Association, appellant (No. 201), appellee (No. 200).
Philip A. Bregy, with him Richard Hay Woolsey, for The Salvation Army, appellee.
Joseph T. Coghlan, Jr., Assistant City Solicitor, with him Frank F. Truscott, City Solicitor, for City of Philadelphia, appellee.
Before Maxey, C.j., Drew, Linn, Stern, Stearne and Jones, JJ.
OPINION BY MR. JUSTICE HORACE STERN
We are concerned in this case with circumstances which require the application of the doctrine of cy pres.
The 17th paragraph of the will of John Wanamaker, who died in 1922, provided as follows: "I give and bequeath unto the Trustees of the General Assembly, of the Presbyterian Church, in the United States of America, In Trust, the following sums of money. Two Hundred Thousand Dollars, for the use of Bethany Collegiate Presbyterian Church, of the City of Philadelphia.... Ten Thousand Dollars, for the use of Bethany Dispensary, connected with said Church. Fifty Thousand Dollars, for the use of Bethany Brotherhood, connected with said Church. Fifty Thousand Dollars, for the use of the Friendly Inn...."
The 33rd paragraph of the will was as follows: "Should my said Residuary Estate be more than sufficient to create said Trust Fund of Two Million ($2,000,000.00) Dollars, for the benefit of my daughters, as aforesaid, and the payment of the legacies I have directed should be paid, and the payment of the sum to the Williamson Free School of Mechanical Trades, in case said latter sum should be accepted by the Trustees of said School,... then I order and direct said balance of said Residuary Estate... shall be paid over to the Testamentary Trustees, hereinafter named, their survivor, to be distributed by them, according to their best judgment,... giving preference; 1st to the building of a memorial Headquarters for the Salvation Army, in Philadelphia,... to an amount not exceeding Five Hundred Thousand Dollars, 2nd, to the building of a Home for Boys, in the City of ...