SHIELDS v. PHILADELPHIA


405 Pa. 600 (1962)

Shields, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

January 2, 1962.


Attorney(s) appearing for the Case

Frank Rogers Donahue, Jr., with him Francis Shunk Brown, 3rd, for appellants.

James L. Stern, Deputy City Solicitor, with him Ellis A. Horwitz and Matthew W. Bullock, Jr., Assistant City Solicitors, Joseph V. Furlong, Jr., Deputy City Solicitor, and David Berger, City Solicitor, for City of Philadelphia, appellee.

William C. Ferguson, Jr., for Germantown Boys' Club, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN and ALPERN, JJ.


OPINION BY MR. JUSTICE COHEN, January 2, 1962:

Anna Hazen died in 1936. Her last will and testament offered a certain piece of real estate to the City of Philadelphia (City) "for a public park, on condition that no buildings shall be erected thereon other than those required for the comfort of the people, and also that the garden and trees shall be preserved as far as possible. . . ." The City accepted the land, now known...

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