It is not necessary for me to narrate, in detail, the numerous
provisions of Mr. Girard's will. This has already been repeatedly done
by other counsel, and I shall content myself with stating and
considering those parts only which are immediately involved in the
decision of this cause.
The will is drawn with apparent care and method, and is regularly
divided into clauses. The first nineteen clauses contain various devises
and legacies to relatives, to other private individuals and to public
bodies. By the twentieth clause the whole residue of his estate, real
and personal, is devised and bequeathed to the "mayor, aldermen, and
citizens of Philadelphia," in trust for the several uses to be after
mentioned and declared.
The twenty-first clause contains the devise or bequest to the college,
in these words:--
"And so far as regards the residue of my personal estate in trust,
as to two millions of dollars, part thereof, to apply and expend so
much of that sum as may be necessary in erecting, as soon as
practicably may be, in the centre of my square of ground, between
High and Chestnut Streets, and Eleventh and Twelfth Streets, in the
city of Philadelphia, (which square of ground I hereby devote for
the purpose hereinafter stated, and for no other, for ever,) a
permanent college, with suitable out-buildings sufficiently
spacious for the residence and accommodation of at least three
hundred scholars, and the requisite teachers and other persons
necessary in such an institution as I direct to be established, and
in supplying the said college and out-buildings with decent and
suitable furniture, as well as books, and all things needful to
carry into effect my general design."
The testator then proceeds to direct that the college shall be
constructed of the most durable materials, avoiding needless ornament,
and attending chiefly to the strength, convenience, and neatness of the
whole; and gives directions, very much in detail, respecting the form of
the building, and the size and fashion of the rooms. The whole square,
he directs, shall be enclosed with a solid wall, at least fourteen
inches thick and ten feet high, capped with marble, and guarded with
irons on the top, so as to prevent persons from getting over; and there
are to be two places of entrance into the square, with two gates at
each, one opening inward and the other outward, those opening inward to
be of iron, and those opening outward to be of wood-work, lined with
sheet-iron.
The testator then proceeds to give his directions respecting the
institution, laying down his plan and objects in several articles. The
third article is in these words:--
"3. As many poor white male orphans, between the ages of six and
ten years, as the said income shall be adequate to maintain, shall
be introduced into the college as soon as possible; and from time
to time, as there may be vacancies, or as increased ability from
income may warrant, others shall be introduced."