Avery v. Home for Orphans of Odd Fellows
Avery v. Home for Orphans of Odd Fellows
Opinion of the Court
The object of the testator’s bounty was the Home for Orphans of Odd Fellows of Pennsylvania, the location of which is given in his will as Twentieth and Ontario streets, Philadelphia. There is nothing in his bequest to it to indicate that its continuance at that location was a condition upon which the bounty was to be enjoyed, and the location was manifestly given by the testator merely for the purpose of fully identifying the institution. There may be others like it in the state. An unchallenged statement in the appellee’s paper-book is that there are four
Decree affirmed at appellant’s costs.
Reference
- Full Case Name
- Avery v. Home for Orphans of Odd Fellows of Pennsylvania
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Will — Trusts and trustees — Charitable gift — Location of building. A bequest to “The Home for Orphans of Odd Fellows at Twentieth and Ontario Streets, Philadelphia, to be used for the purpose of erecting a wing or addition to its building” does not restrict the home from using the money in erecting a wing to a building necessary for its work in a locality other than that mentioned in the will.