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1 In the Supreme Court of Pennsylvania. Philadelphia vs Girard's Heirs: Error to Schuylkill, C.P.: Opinion of the Court 1863

handle is hein.trials/adhc0001 and id is 1 raw text is: In the Supreme Court of Pennsylvania. PHILADELPHIA Error to V8 Schuylkill, C. P. GIRARD'S Hr.iRs. Opinion of the Court, by Lowrie, C. J. In all gifts for charitable uses, the law makes a very clear distinction between those parts of the writing conveying them, which declare the gift and its purposes, and those which direct the mode of its administration. And this distinction is quite inevitable for it is founded in the nature of things. We must observe this distinction in studying Mr. Girard's will, otherwise we run the risk of inverting the natural order of things by subordinating principle to form, the purpose to its means, the actual and executed gift for a known purpose, to the prescribed or vaticinated modes of administering it that are intended for adaptation to an unknown future, and of thus making the chief purpose of the gift dependent on the very often unwise direc- tions prescribed for its future security and efficiency. There is no sort of difficulty in making an analysis of the relevant parts of this will in accordance with this distinction. It is a devise of all the residue of his real and personal estate to the City of Philadelphia, an existing corporation, in trust, as his primary object, to construct, furnish, constitute and maintain the institution now known as the Girard College, and then for certain municipal purposes, not necessary to be now specified. It is therefore a present gift for a present and lawful purpose and consequently a vested and executed trust for that purpose. Tben, as to the mode of administering the trust, the testator directs that two millions of dollars, of the residue of his personal estate, be devoted to the construction and mainten- ance of the college: that any surplus of the income of the

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