228 Pa. 455 | Pa. | 1910
Opinion by
These appeals are from a final adjudication by the orphans’ court of Lancaster county distributing the estate of Frederick J. Kramph, who died more than fifty years ago, testate. By his will, the testator, after making provision for his widow and children, and making certain other bequests, gave the net balance of his whole estate to seven
Manifestly, the ultimate end the testator had in view was the establishment of an institution for universal New'Church education. This he expected to accomplish
The next objection is based on a misapprehension of the real question. We are not here dealing with a bequest to a denominational church, or to any subordinate body of such church. As we have construed the will, the bequest is to the trustees of an established institution of learning, which, judging from its charter, is in subordination to no ecclesiastical body, but is subject only to the control of its own trustees, just as the will provides that
We did not sit when this case was first argued and, therefore, express no opinion on the question adjudicated by the decision of the sitting judges and embodied in the order of June 22, 1909. On the reargument before the full bench, the only question heard and determined was: Which of the two parties claiming as legatees is entitled to the fund awaiting distribution?