Reference no: EM132259880

Edmund Pruner was born in Bellefonte, Pennsylvania in 1843. He came to Philadelphia in 1857 and began a business career which included lumber, coal and railroads. He retired in 1871, living in Philadelphia and New York City, and died in 1904. He made a will which set up a home for "friendless children" in Bellefonte between the ages of 5 and 12 and left funds and land in Kansas and North Dakota to fund the trust. The home was given to the towns of Bellefonte and Tyrone but contained the following restriction:

"Should there be any reasons why the Borough of Tyrone and the Borough of Bellefonte cannot carry out the provisions of this will then the property for said Home is bequeathed to my niece Sallie M. Hayes." By 1960, no children had been in the home for over ten years and the heirs of Sallie Hayes brought suit to have the home transferred to them. The attached opinion has the specifics.  In re Pruners Estate.pdfPreview the document  This is referred to as a fee simple defeasible. Throughout the years, people have deeded land or money to hospitals so long as the gift is used in health care or to the government so long as the land is used by the U.S. Army (e,g., the land for Fort Lewis, Washington) and so forth. If the condition ceases to be used as intended, the gift must be returned to the testator's designated heirs.

The opinion relates there were orphans in the area that could have had the benefit of the home but for some reason were not housed there. What do you think of the result? Should there have been an alternative resolution? Briefly discuss your thoughts.