Appeal, No. 333, Jan. T., 1955, from decree of Orphans' Court of Philadelphia County, Oct. T., 1916, No. 355, in re Estate of Peter W. Glase, Dec'd. Decree affirmed.
Robert H. Malis, with him Malis, Malis & Malis, for appellant.
H. Ober Hess, with him Francis Ballard, and Ballard, Spahr, Andrews & Ingersoll, for appellee.
Before Stearne, Jones, Bell, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
Testator died in 1916 leaving by his Will one-fourth of the residue of his estate (which has a present value of approximately $50,000.) after the death of the life
tenant to the "Home for the Training in Speech of Deaf Children Before They Are of School Age". This Home was known as the Bala School. It was a boarding school which was founded in 1891, with a maximum capacity of 60 students. Children between the ages of 2 and 8 years were admitted to the Home, which was supported by appropriations from the Commonwealth of Pennsylvania. The Bala School was closed in 1935 because the Legislature failed to appropriate any more money to support it. The life tenant died in 1953. The question here involved in which of the two claimants most nearly carries out under the doctrine of cy pres the testator's testamentary intent? Philadelphia v. Heirs of Girard, 45 Pa. 9; Williams Estate, 353 Pa. 638, 643, 46 A.2d 237; Kensington Hospital for Women Case, 358 Pa. 458, 463, 58 A.2d 154.
The Orphans' Court en banc agreed with the Master and the Auditing Judge and awarded the fund to the Pennsylvania School for the Deaf "to be used in maintaining and developing its services and training for deaf children of pre-school age". Ten other schools filed claims, but only the "Friends of the Deaf" filed exceptions or took this appeal.
The Pennsylvania School for the Deaf, which is located at 7500 Germantown Avenue, Philadelphia, was founded in 1820. It is a private boarding school managed by a Board of Directors and receives pupils between 3 years and 21 years old. Of the 484 students, 95 are residents of Philadelphia, and only 13 are day pupils. 33 pupils are under 6 years of age and are designated as pre-school pupils. It receives aid by way of appropriations from the Commonwealth of Pennsylvania. It is non-sectarian and is a boarding school which has served the community admirably during its long existence. It uses exclusively the oral method of teaching and it has facilities for taking care of children
of pre-school age. When the Bala School closed in 1935, three-fourths of its pupils transferred to the ...