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GIRARD WILL CASE

386 Pa. 548 (1956)

Girard Will Case.

Supreme Court of Pennsylvania.

November 12, 1956.

Attorney(s) appearing for the Case

William T. Coleman, Jr., and Raymond Pace Alexander, with them Louis H. Pollak, for applicants, appellants.

Lois G. Forer, Deputy Attorney General, with her Herbert B. Cohen, Attorney General, for Commonwealth, appellant.

Abraham L. Freedman, Special Counsel, with him David E. Pinsky and Jacob J. Siegal, Assistant City Solicitors, and David Berger, City Solicitor, for City of Philadelphia, appellant.

Joseph P. Gaffney, Solicitor, and Owen B. Rhoads, Associate Counsel, for Board of Directors of City Trusts, appellee.

Lewis M. Stevens, with him S. Gordon Elkins, James K. Baker, Sidney Schulman, and Leon I. Mesirov, for Philadelphia Fellowship Commission, amicus curiae.

Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, November 12, 1956:

While it may seem unfortunate that the court is obliged to sanction the exclusion of any child from even a private school or orphanage because of race, creed or color if otherwise entitled to admission, the Court is clearly of opinion that the unanimous decision of the Orphans' Court, supported by the learned and comprehensive opinions of Judge BOLGER and Judge LEFEVER, must be affirmed, it being...

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