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WANAMAKER ESTATE

364 Pa. 248 (1950)

Wanamaker Estate.

Supreme Court of Pennsylvania.

March 20, 1950.

Attorney(s) appearing for the Case

J. Willison Smith, Jr., with him Samuel L. Sagendorph, for The Bethany Collegiate Presbyterian Church and Bethany Brotherhood, appellants.

Robert W. Sayre, for Fidelity-Philadelphia Trust Company, appellee.

Edward S. Morris, for The Big Brother Association, appellant (No. 201), appellee (No. 200).

Philip A. Bregy, with him Richard Hay Woolsey, for The Salvation Army, appellee.

Joseph T. Coghlan, Jr., Assistant City Solicitor, with him Frank F. Truscott, City Solicitor, for City of Philadelphia, appellee.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.

OPINION BY MR. JUSTICE HORACE STERN, March 20, 1950:

We are concerned in this case with circumstances which require the application of the doctrine of cy pres.

The 17th paragraph of the will of John Wanamaker, who died in 1922, provided as follows: "I give and bequeath unto the Trustees of the General Assembly, of the Presbyterian Church, in the United States of America, In Trust, the following sums of money. Two Hundred...

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