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WOMEN'S HOMOEOPATHIC HOSPITAL PHILADELPHIA CASE. (06/03/58)

June 3, 1958

WOMEN'S HOMOEOPATHIC HOSPITAL OF PHILADELPHIA CASE.


Appeals, Nos. 156 and 157, Jan. T., 1958, from decrees of Court of Common Pleas No. 4 of Philadelphia County, Dec. T., 1882, No. 673, in the matter of Women's Homoeopathic Hospital of Philadelphia. Decrees affirmed.

COUNSEL

Philip Price, with him George J. Hauptfuhrer, Jr., Stanhope S. Browne, and Barnes, Dechert, Price, Myers & Rhoads, for Preston Maternity Hospital, appellant.

Edward M. David, with him Walter Biddle Saul, Gerald K. Burns, and Saul, Ewing, Remick & Saul, for St. Luke's and Children's Medical Center of Philadelphia, appellant.

William Carson Bodine, with him Pepper, Bodine, Frick, Scheetz & Hamilton, for Hahnemann Medical College and Hospital, appellee.

John Mulford, with him Drinker, Biddle & Reath, for Woman's Medical College of Pennsylvania, appellee.

Richard W. Ledwith, with him Frank Rogers Donahue, Jr., and MacCoy, Evans & Lewis, for Woman's Hospital of Philadelphia, appellee.

Before Jones, C.j., Bell, Musmanno, Arnold, Jones and Cohen, JJ.

Author: Jones

[ 393 Pa. Page 315]

OPINION BY MR. CHIEF JUSTICE JONES

A petition for the dissolution of the Women's Homoeopathic Hospital of Philadelphia was filed in the Court of Common Pleas No. 4 of Philadelphia County. As an incident of the corporation's termination, the court would be called upon to distribute the hospital's restricted charitable funds which represented an accumulation of some sixty separate gifts and aggregated approximately $350,000. The court appointed two co-masters for the purpose of marshalling the assets, taking testimony, hearing claims and recommending to the court an award cy pres of the hospital's funds subject to such award.

After extensive hearings, the masters concluded, and recommended accordingly, that the fund created by the will of William E. Sellers, aggregating, with accretions, approximately $29,000, should be awarded in equal shares to the Woman's Hospital of Philadelphia and the Woman's Medical College of Pennsylvania for the use of its hospital. The masters recommended that the remaining restricted funds be awarded in equal shares to Hahnemann Medical College and Hospital and Woman's Medical College of Pennsylvania for the use of their respective hospitals. After argument on exceptions to the masters' report by disappointed claimants of the fund, the court entered decrees effectuating the recommendations of the masters. From these decrees, Preston Maternity Hospital and St. Luke's and

[ 393 Pa. Page 316]

Children's Medical Center of Philadelphia ...


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