METHODIST EPISCOPAL 
— 
HOSPITAL, 
IN THE CITY OF PHILADELPHIA. 
Opinion Delivered by Judge Penrose 
IN REGARD TO 
Scott Stewart’s Estate. 
PHILADELPHIA: 
1887. IN THE 
ORPHANS COURT OF PHILADELPHIA COUNTY. 
July Term, 1882. No. 20G. 
Estate of Scott Stewart, deceased. 
The account of the Penna. Co. for Insurance on Lives, etc., 
executors and trustees, was called for audit before Penrose J., 
January n, 1886. 
Counsel appeared as follows: Henry V. Massey, Esq., for the 
accountant; A. J. Maloney, Esq., for the Methodist P2piscopal 
Hospital, Janies E. Roney, Esq. and J. K. Berry, Esq for John 
R. Haslam, Thomas Haslam, Anna M. Dunlap, Lilia S. Dunlap, 
Wm. A. Haslam, Lizzy Haslam, and Susan Haslam; Harold 
Mann, Esq., for Chas. Stewart; Arthur M. Burton, Esq., for 
Maria Young; Ed. A. Price, Esq., and Geo. Junkin, Esq., for 
W. S. S. Gay, Anna H. Valentine, Elizabeth Weidell and Mary 
N. Seagrave; Theodore Barrett, Esq , for Sarah Claxton ; J. 
D. B. Bennett, Esq., for Catherine McCormick. 
The account is of the residue of the estate of the testator 
awarded to the accountant November 16, 1882, by the adjudica- 
tion of a former account, in trust for the purposes declared in 
the will and codicils, viz. : for the payment of certain annuities 
to Mary N. Seagrave and her husband, Anna II. Gay, and Eliza 
Scott, for life, with provision for payment of principal sums to 
their respective children, and for the payment of the income of 
the residue to Anna Holmes and Sarah Gay sisters of the tes- 
tator for life and the life of the survivor. 
At the death of the survivor of the sisters the will, which 
was dated November 1, 1877, after directing the payment of two 2 
legacies of $1000 each, provided for the disposition of the 
residue as follows: 
“ In trust to pay over the balance * * * to the trustees of 
a hospital to be founded or established within five years after 
the decease of my surviving sister, in that part of the city of 
Philadelphia south of South Street and to be under the auspices 
of the Methodist Episcopal Church, provided said hospital shall 
be under the charge and care only of regularly educated physi- 
cians of the old school who shall have received the degree of 
A. B. from some university or college, and provided also that 
no homoeopathic or eclectic physician, as they call themselves, 
shall have anything to do with the management and charge of 
said hospital or with the treatment of any patient or patients 
therein, and in the event of said hospital not being founded or 
established within said period of five years, then, in trust, to 
pay over the balance of the said residuary estate, with the 
accumulated interest, unto my right heirs in the shares and pro- 
portions to which they would have been entitled had I died 
intestate. 
By codicil dated June 21, 1879, after modifying in certain 
respects the disposition of the income of the residuary estate 
during the lifetime of his sisters he provided further as follows : 
In trust as to the remaining principal of my residuary estate, 
subject to the foregoing annuities and provisions upon the 
decease of the last survivor of my said sisters, to pay thereout 
to the St. Paul’s Methodist Episcopal Church, located on 
Catherine Street above Sixth Street, in this city, the sum of 
$1000 free of collateral tax, to be kept invested forever .... 
in trust, further to pay thereout to the Mifflin Street Methodist 
Episcopal Church, located at Eleventh and Mifflin Streets, the 
sum of $1003 clear of collateral taxes. The remaining principal 
of my residuary estate on the said decease I wish to be used as 
a nucleus for the erection of a hospital to be founded and estab- 
lished within five years after the decease of my last surviving 
sister, in that part of the city south of South Street, to be under 
the auspices of the Methodist Church, said hospital 
must be under the charge or care only of regularly educated 
physicians of the old school who shall have received the degree 3 
of A. B. from some University or College and no homceopathist 
or eclectic, so-called physicians, shall have anything to do with 
the management or charge of said hospital or with the treat- 
ment of any patient or patients therein. I authorize the Con- 
ference of the Methodist Church for the district in which the 
city of Philadelphia is situated, which meets annually for the 
purpose of locating its clergymen and for other church purposes, 
to organize in such way as to it shall seem best a scheme for 
this charity. I desire them to appoint a Board of Trustees 
which may become incorporated or not. The certificate of 
the presiding Bishop of the said Conference shall be sufficient 
authority to my trustees for the payment of the money to such 
persons as he shall designate, the receipts of such designated 
persons shall be good and sufficient vouchers for the payment 
of the residuary estate to them. To facilitate such payment, I 
authorize my trustees to convert my whole estate, real and 
personal, into cash if they shall deem it necessary, and I 
authorize them to make good deed or deeds of conveyance 
therefore in fee simple or for any less estate, without the pur- 
chaser or purchasers being obliged to see to or be responsible 
for the application of the purchase money. 
Of course I rely upon the said Conference and Bishop not to 
call for the payment of the money unless they have devised a 
scheme for the hospital, practical and seemingly certain of suc- 
cess. I do not wish my estate wasted in an abortive scheme, 
nor buildings commenced unless the funds at hand are sufficient 
to erect, equip, and endow them. As I have said my estate 
will be but the nucleus of what is requisite, other contributions 
will be needed and I am willing that what I leave shall be 
mingled with such contributions. I desire it distinctly under- 
stood, however, that in paying over my estate to such persons 
as shall be designated by the said Bishop as competent to re- 
ceive it, my trustees assume no responsibility as to the practica- 
bility of the scheme, nor as to the proper application of the 
fund thereto. I direct that if within five years from the decease 
of my last surviving sister, by reason of the failure of such 
presiding Bishop to certify persons to receive my residuary 
estate for the purposes aforesaid, the impracticability of the 
establishment of the proposed hospital shall have been demon- 4 
strated, that then immediately upon the expiration of said period 
of five years my trustees shall pay my residuary estate in fee 
to such persons as would have taken the same at my decease 
as my heirs and next of kin under the intestate laws of Penn- 
sylvania had I died without a will. 
The last surviving sister died, as represented to the Court, 
February 18, 1883. The legacies of $icoo each have been paid 
and are credited in the account. All of the annuitants are still 
living. 
The fund held by the accountant, subject to the annuities, etc., 
was claimed by Mr. Maloney for the “ Methodist Episcopal 
Hospital,” which was incorporated by decree of the Court of 
Common Pleas No. 2 of Philadelphia, February 14, 1885, with 
a view to the execution of the provisions of the will and codicil 
above set forth. 
The charter so obtained is as follows : 
“Charter of the Methodist Episcopal Hospital in the 
City of Philadelphia. 
I. The name of this corporation shall be the Methodist Epis- 
copal Hospital in the City of Philadelphia. 
II. It is formed to establish, maintain, and conduct a hos- 
pital in the said city to be under the charge or care only of 
regularly educated physicians of the old school. 
III. Its business is to be transacted at a suitable locality 
south of South Street, in the said city. 
IV. It is to exist perpetually. 
V. No shares of stocks are to be issued. The hospital is to 
be maintained by the voluntary contributions from time to time 
of members of the Methodist Episcopal Church, or of any 
other person or persons who may be so disposed. 
VI. The property and concerns of the corporation shall be 
vested in and managed by a Board of Trustees composed of 
ten clergymen and eleven laymen, of the Methodist Episcopal 
Church, within the jurisdiction or control of the Philadelphia 
Annual Conference thereof, to be elected or appointed in 
accordance with By-Laws to be adopted hereafter. 5 
The names and residences of those composing the Board 
of Trustees until May I, 1885, appointed by the Annual Con- 
ference, held in Philadelphia, March, 1884, are as follows:” 
(Names in full in Charter.) 
“VII. There shall be no capital stock.” 
Mr. Maloney presented a certificate from the presiding Bishop 
of the Annual Conference of the Methodist Episcopal Church, 
for the district of Philadelphia, which is as follows: 
“ To zvhom it may concern: 
This is to certify that at the session of the Philadelphia 
Annual Conference of the Methodist Episcopal Church, held at 
the City of Chester, Penna., on the Twenty-fifth day of March, 
1885, I, Cyrus D. Foss, one of the Bishops of the Methodist 
Episcopal Church, and President of said Conference, in accord- 
ance with the request of the said Philadelphia Annual Confer- 
ence, have appointed and do hereby appoint the following 
named persons, to-wit: James Neill, James Gillinder, George 
Cummins, Peter Lamb, Wm, J. Paxon, Andrew J. Maloney, 
Wm. Swindell, John Simmons, Samuel W. Thomas, P. B. West, 
M. Simpson McCullough, George Kessler, Andrew Longacre, 
Aaron Rittenhouse, John S. J. McConnell, E. J. D. Pepper, 
Phillip S. Hotz, Robert E. Pattison, John J. Ziegler, George S. 
Robinson, M.D., and Jacob M. Hinson, as trustees to receive 
the legacy of Scott Stewart, M.D., deceased, and to organize 
and establish a hospital in the City of Philadelphia, under the 
provisions of the last will and testament of the said Scott 
Stewart, M.D., deceased. 
Cyrus D. Foss, Bishop, Presiding. 
Attest : 
Jos. R. Taylor Gray, Secretary of the Conference.” 
This certificate, which was presented to the Trustees June 3, 
1885, being, as contended by Mr. Maloney, in strict accordance 
with the terms of the directions of the testator, entitled the per- 
sons named therein, as representatives of the proposed hospital, 
to demand the surrender of the residuary estate, subject to the 
annuities, etc. On the other hand, it was urged on behalf of 
the next of kin of the testator, many of whom were repre- 
sented by counsel, that while perhaps the certificate might 
have been a sufficient protection to the Trustees, had payment 6 
been made in consequence of it, it will not avail to support a 
demand in this court against the next of kin entitled to the 
estate in the event of the failure to establish the practicability 
of the proposed hospital within the prescribed period where it 
affirmatively appears that a scheme, within the meaning of the 
will, had not, when the certificate was given, or since been 
devised. 
The action which has been taken by the conference and by 
the committee appointed for the purpose is shown by the fol- 
lowing extracts from the minutes of their proceedings, respec- 
tively : 
(Mir ites of 1882, page 11). “Bishop Simpson made a 
statement in reference to the requirements of the will of Dr. 
Scott Stewart, deceased, concerning a bequest to the Philadel- 
phia Conference, for a Methodist Hospital, and presented an 
extract from said will, which was read by the secretary. W. 
L. Gray moved that the matter be referred to a committee 
consisting of four ministers and three laymen. 
The bishop announced the following as the committee: Min- 
isters.—W. L. Gray, S. W. Thomas, G. Cummins, A. Ritten- 
house. Laymen.—W. H. Sutton, Jas. Long, John Simmons” 
Page 14. “W. L. Gray presented the report of the committee 
on legacy of Dr. Scott Stewart, which was read and adopted.” 
The report is set forth on page 51, as follows : 
“ Whereas, the late Dr. Scott Stewart bequeathed to the 
Methodist Episcopal Church, within the bounds of the Phila- 
delphia Annual Conference, a large part of his estate as a 
nucleus of a fund which shall be used for the erection and 
maintainance of a hospital to be erected in the city of Phila- 
delphia. 
“ Whereas, his will requires the Conference to signify its pur- 
pose to accept the legacy by the election of trustees; therefore 
be it 
Resolved, 1. That we accept the trust with its conditions and 
limitations. 
2. That we elect twenty-one persons to constitute the Board 
of Trustees, ten of whom shall be clergymen and eleven laymen. 
3. That the Bishop and his Council nominate suitable persons 
to act as Trustees. 7 
4- That the Trustees be and hereby are instructed, as soon 
as they conveniently can, to procure a charter of incorporation 
in accordance with the laws of the State of Pennsylvania. 
5. That we commend this charity to the liberality of all our 
people. 
6. That we shall ever cherish the memory of our departed 
brother, Dr. Scott Stewart, and trust that this, his memorial, 
will stimulate others to be likeminded.” 
Minutes of 1884, page 31 : 
“On motion of J. S. J. McConnell, the Secretary cast the ballot 
of the Conference for the former Board of Trustees of the 
Stewart Hospital, and they were declared elected to serve for 
the ensuing year.” (See List.) 
“On motion the request of W. Swindells to be excused from 
serving on the Board of Trustees of the Stewart Hospital, was 
granted.” 
“ By direction of the Conference the Secretary cast its ballot 
for J. Niell to fill the vacancy, and he was declared elected.” 
Minutes of 1885. p. 12. (March 20, 1885.) 
“The following resolution, presented by W. J. Paxson, was 
adopted : 
Resolved, That the Bishop presiding at this session be re- 
quested to appoint the members of the Board of Trustees of the 
Methodist Episcopal Hospital, when the vacancies shall have 
been filled by this body, as the Trustees to receive the bequest 
of Scott Stewart, M.D., deceased, and to establish the hospital 
as directed by his last will and testament. 
Page 28. 
The Bishop announced the appointment of those elected as 
Trustees of the Methodist Hospital, in accordance with the 
resolution of the Conference.” 
Minutes of the Board of Trustees. 
“Philadelphia, May 29, 1882 
“ Meeting for organization. Election of officers. The chair- 
man stated the object of the meeting, being a temporary organi- 
zation for the purpose of taking steps to procure a charter for 
the regular and permanent organization of the Board of Trustees 
of the Stewart Hospital. 8 
“On motion it was ordered, that a committee of three mem- 
bers be appointed to draw up a charter in proper form, and present 
the same to a proper Court for legal sanction. M. S. McCullough, 
A. J. Maloney, and Robert E. Pattison, Esquires, were appointed 
as said Committee, and the Committee was authorized to call a 
meeting of the Board when their report shall be ready for pre- 
sentation. 
“ On motion it was ordered that a committee of three members 
be appointed to inquire into and report upon the subject of a 
suitable location for the Stewart Hospital. Rev. S. W. Thomas, 
Peter Lamb, and John Simmons were appointed as said Com- 
mittee. 
Board adjourned.” 
“Philadelphia, September 29, 1884. 
M. S. McCullough moved that five members be added to the 
Committee on Charter, with full power in the committee as en- 
larged to adopt a form of charter, and submit the same to the 
Court, which prevailed. 
John Simmons from the Committee on Location reported that 
various lots had been viewed and considered, but no decision 
had been reached. The committee was continued. 
M. S. McCullough reported that the bequest of Dr. Scott 
Stewart will be available as soon as the corporation is consti- 
tuted. 
The following were appointed members of the Committee on 
Charter, Messrs. Paxson, Thomas, Lamb, Simmons, West, and 
the Chairman. 
Adjourned.” 
“Philadelphia, February 23, 1885. 
The Secretary, on behalf of the Committee on Charter, re- 
ported that the Court of Common Pleas No. 2 has duly approved 
the articles of incorporation, and that the Board is legally in- 
corporated as “ The Methodist Episcopal Hospital of Phila- 
delphia.” 
On motion, the President, Secretary, and Treasurer, were ap- 
pointed a committee to cooperate with the Solicitor in taking 
such steps as may be necessary to secure to this Corporation 
the bequest of Dr. Scott Stewart, deceased. 9 
On motion, the following a committee to prepare and report: 
1. By-laws for the government of this Board ; and 
2. A scheme or plan for the organization and operation of 
the Hospital: viz., Rev. A. Longacre, A. J. Maloney, James 
Gillincer, John Simmons, Rev. G. Cummins. 
On motion, Rev. G. Cummins and Rev. W. J. Paxson were 
added to the Committee on Location. 
On motion of A. J. Maloney the following named physicians 
were appointed as an advisory Board, with reference to the loca- 
tion and organization of the Hospital : Drs. H. C. Wood, D. M. 
Barr, J. S. Pearson, C. K. Mills, S. D. Risley, S. Harlon, and 
A. C. Deakyne. 
The President and Secretary were directed to communicate 
with the Philadelphia Annual Conference, requesting that body 
to take such measures as it shall deem expedient to awaken 
interest and secure cooperation, on the part of the pastors, 
churches, and friends of the Methodist Episcopal Church within 
its bounds, in the establishment and support of the Hospital. 
Adjourned.” 
‘•Philadelphia, May 8, 1885. 
Rev. A. Longacre from the Committee on Rules and Plan of 
Organization, submitted a report as follows : 
A meeting of the Committee of Trustees and Physicians ap- 
pointed to confer as to the proposed Methodist Hospital was 
held March 9th at the house of Rev. Dr. A. Longacre. Those 
present were Rev. Dr. A. Longacre, Rev. Geo. Cummins, A. J. 
Maloney, Esq., Mr. John Simmons, Dr. L. D. Harlon, Dr. H. C. 
Wood, Dr. A. C. Deakyne, Dr. Chas. K. Mills, Dr. S. D. Risley, 
and Dr. J. S. Pearson. 
The provisions of the will were read. 
A scheme was suggested by the physicians, on motion of Dr. 
Wood, as follows: A site to be secured on Broad Street or else- 
where, and a pavilion to be erected thereon, and that the 
churches be directed on a certain day to take a collection for 
the Hospital. 
It was agreed to recommend that the principal of Dr. Stewart’s 
bequest be kept intact as an endowment, and that at least 
$20,000 to $30,000 be raised to buy ground and erect pavilion. 
A suitable pavilion could be built at a cost of from $12,000 to 
$20,000. 10 
The report was read, and, on motion, accepted, and the Com- 
mittee continued. 
The Secretary reported that agreeably to the request of the 
Philadelphia Annual Conference, Bishop Foss has appointed the 
members of the Board, as at present constituted, as Trustees to 
receive the legacy of Dr. Scott Stewart, deceased, and to 
organize the Hospital as provided for by his last will and testa- 
ment, and, on motion, the Secretary was instructed to procure 
from Bishop Foss a certificate in due form of such appointment. 
Rev. S. W. Thomas, from the Committee on Location, re- 
ported that no definite steps have been taken toward the secur- 
ing of a lot, but that he has had interviews with interested 
parties in reference to the Morris property, at Sixth and Tasker 
Streets, and also with reference to property situated south of 
Broad and Jackson Streets. 
John Simmons, from same Committee, reported that a lot on 
North side of Wharton Street between Eleventh and Twelfth 
Streets, 168 x 378 feet, can be had for $40,000 on mortgage at 
five per cent, interest. 
Rev. G. Cummins, from same Committee, reported that the 
property, south-west corner of Broad and Federal Streets, about 
100 x 200 feet can be purchased for $50,000. 
Peter Lamb stated that the large mansion and lot of ground, 
south-west corner of Tenth and Bainbridge Streets, is for sale, 
and probably may be bought cheaply. 
On motion of Rev. J. M. Thomas, the Committee on Loca- 
tion was instructed to ascertain the terms on which the property 
south-west corner of Tenth aad Bainbridge Streets can be pur- 
chased and report at a meeting of this Board to be called in the 
near future. 
Adjourned.” 
"Philadelphia, October 19, 1885. 
A communication from N. Beardsley, Esq., of Auburn, N. Y., 
addressed to Rev. S. W. Thomas, and inviting an offer for a 
tract of ground belonging to him, situate on South Broad Street 
below Jackson Street was read, and on motion, was referred to 
the Committee on Location. 
Rev. J. S. J. McConnell moved that the Committee on Loca- 
tion be instructed to examine some lots west of Broad and south 
of South Street, which prevailed. 11 
The Treasurer reported that he has received during the last 
month, from Stephen Green, Treasurer of the Committee on Cen- 
tennial, the sum of $362.66, which he has deposited in the 
Southwark National Bank, to the credit of Peter Lamb, Treas- 
urer of the Methodist Episcopal Hospital of Philadelphia, on 
motion, report accepted. 
Rev. W. J. Paxson, proposed that the members present open 
a contribution list for the purchase of property, etc., for the 
Hospital, the subscriptions to be conditioned upon the receipt 
by this Board of the funds bequeathed for the purpose of estab- 
lishing said Hospital by Scott Stewart, M D., deceased. 
And the following subscriptions were pledged, conditioned as 
above: 
Rev. Samuel W. Thomas • . . . $1000. 
Rev. William J. Paxson . . . 500. 
Rev. Andrew Longacre . . . 500. 
Andrew J. Maloney, Esq. . . . 500. 
George Kessler ..... 500. 
Dr. George S. Robinson .... ico. 
John Simmons ..... 500. 
Peter Lamb ...... 500. 
On motion, the Trustees individually were authorized to 
solicit subscriptions to the fund. 
Adjourned.” 
The Secretary announced that the sum of $500 had been 
subscribed to the building fund by Mr. Henry Kessler. 
Mr. P. B. West subscribed $100 to the same fund.” 
“Philadelphia, December, 1885. 
The Chairman announced that he has been informed by Rev. 
G. Cummins, that the “Watts” estate, south-west corner of 
Broad and P'ederal Streets, is to be sold by the Sheriff in about 
two weeks from this date. After discussion, on motion of Rev. 
J. M. Hinson, it was Resolved, That the Committee on Location 
be instructed to ascertain all the facts connected with the tenure 
and sale of the property at the south-west corner of Broad and 
Federal Streets, and report to this Board at a called meeting. 
On motion of Rev. J. M. Hinson, the Committee on Location 
“Philadelphia, November 16, 1885. 12 
was authorized to call a meeting of the Board when they shall 
be ready to report. 
The Solicitor reported that the case of the estate of Dr. Scott 
Stewart, deceased, had been called on account filed by the 
executors of his last will, in Orphans Court No. 2, and that the 
hearing was postponed until the second Monday in January, 
1886. 
Also, that the Counsel for one of the heirs at law of Dr. S. 
Stuart had suggested to him that a compromise might probably 
be effected with the heirs, if this Board would offer it, on a 
basis of say one-fourth to said heirs, but that he had not ac- 
cepted or approved said suggestion. 
Adjourned.” 
It is natural to suppose that the testator, when he provided for 
the establishment of a Methodist Episcopal Hospital, had in his 
mind the similar charities already in existence under the auspices 
of the Presbyterian, the Episcopalian, the Jewish, and the Catho- 
lic churches ; and thinking that a denomination of Christians so 
large and influential as that for which his magnificent gift was 
intended, would not be satisfied if an institution to be known by 
their name did not at least equal these in size and usefulness, 
and that contributions would therefor at once be made with 
liberality, he declares that his estate which, as the account shows, 
amounts to over $200,000, would be “ but a nucleus of what is 
requisite,” that “ other contributions will be needed,” and that 
he is willing that what he leaves “ shall be mingled with such 
contributions.” He seems to have thought that the buildings 
alone would cost as much as the sum given by him, for he says 
that he does “not wish the buildings commenced unless the 
funds at command are sufficient to erect, equip, and endow them.” 
All this, however, he leaves to the Annual Conference, which 
is “ to organize in such way as to it shall seem best a scheme 
for this charity ;” and when so organized, the certificate of the 
presiding Bishop shall be sufficient to warrant the payment by 
the trustee to the designated persons. But the “organization ” 
of the scheme must precede the Bishop’s certificate. “ I rely,” 
he says, “upon the said Conference and Bishop not to call for 
the payment of the money unless they have devised a scheme 
for the hospital, practical, and seemingly certain of success. I 13 
do not wish my estate wasted in an abortive scheme, nor build- 
ings commenced unless the funds at command are sufficient to 
erect, equip, and endow them.” If the scheme should prove 
“ abortive,” the estate is to go, at the expiration of the period pre- 
scribed, to his heirs and next of kin ; and it will be abortive, in 
the sense understood by him, unless there should be funds “ at 
command ” sufficient to “ erect ” and “ equip,” as well as to “ en- 
dow.” As the effect of the certificate, when properly given, is 
to take away the rights of heirs and next of kin, they are, 
under well-settled principles, entitled to demand a strict compli- 
ance with the preliminary terms of the will, and to insist that 
the fund shall be retained by the trustees, for their protection, 
in the meanwhile. 
Even if it be conceded that the action of the Board of Trus- 
tees required no ratification or adoption on the part of the Con- 
ference (although, in general, a power in the absence of express 
words, cannot be delegated), it cannot be said that a scheme has 
yet been devised, within the terms of the will, by them. It is 
true that at their meeting of May 8, 1885 (after the date of the 
Bishop’s certificate), what was called a scheme was suggested 
by the physicians, composing part of the board, or called in to 
advise them, and was adopted, but the “ scheme ” was nothing 
more than a suggestion. It was that “ A site be secured on 
Broad Street, or elsewhere, and a pavilion be erected thereon ; 
and that the churches be directed on a certain day to take a 
collection for the Hospital.” And it was agreed “ to recom- 
mend ” that the ‘‘principal of Dr. Stewart’s bequest be kept 
intact as an endowment,” and “that at least $20,000 to $30,000 
be raised to buy ground and erect a pavilion,” the cost of the 
erection of a suitable pavilion being stated at from “ $12,000 to 
$20,000.” Nothing could be more incomplete and indefinite 
than this. The site was to be on Broad Street, “ or elsewhere;” 
“at least” $20000 “to $30,000” were to “ be raised” to buy 
ground and erect pavilion, and the cost of the pavilion might 
be $12,000, or as much as $20,000, and as it was proposed “ to 
recommend ” that the bequest from Dr. Stewart “should be kept 
intact as an endowment,” nothing was left for the erection or 
equipment of the buildings, nor even for the purchase of the 
land when it should be determined whether the site should be 
on Broad Street or “ elsewhere.” 14 
Clearly the recommendation as to the endowment fund re- 
quired action by the parent body, as did also the suggestion that 
“ the churches be directed on a certain day to take a collection 
for the hospitalbut all of this was after the adjournment of 
the Annual Conference, and after the date of the certificate of 
the Bishop. 
It it true that the corporation of the hospital had taken place, 
and that as early as September, 1884, the Commitee on Charter 
had reported that “ the bequest of Dr. Stewart will be available 
as soon as the corporation is constituted.” 
But, this report was based upon a misconception of the terms 
of the will, which expressly declares that the Conference shall 
determine whether the Board of Trustees shall become incor- 
porated or not. The incorporation had nothing to do with the 
right to receive the money or with the duty of the Conference, 
and of the Bishop before the giving of the certificate. Nor has 
the proposed collection, so far as the evidence discloses, been 
yet taken ; and except the very liberal subscriptions of some of 
the members of the Board, shown by their minutes of October 
19, 1885 {supra, p. 10-11) amounting in all to $4600, and the 
$362 66 received on the same day from the Treasurer of the 
Committee on Centennial, nothing has been contributed toward 
this noble charity up to the present time. And yet as early as 
March 20, 1882, the Conference adopted resolutions setting forth 
that they would ever cherish the memory of their departed 
brother, Dr. Scott Stewart, trusting, that, “this his memorial 
will stimulate others to belike minded; and commending, “this 
charity to the liberality of all our people” {supra, p. 7). 
It will be observed, also, that the subscriptions of the mem- 
bers of th'e Board are conditioned upon the receipt of the funds 
bequeathed by the testator, a condition which would scarcely 
have been expressed if the members themselves had considered 
that a scheme, such as contemplated by the will, had been de- 
vised. In that case the receipt of the money would have been 
a certainty. 
So, too, it will be observed, as long ago as May 29, 1882, a 
Committee was appointed by the Board of Trustees to inquire 
into and report upon the subject of a suitable location for the 
hospital. Three years later the members of the Committee 15 
made individual reports ; one stating that “ he had had interviews 
with interested parties in reference to the Morris property at 
Sixth and Tasker, and also with reference to property south of 
Broad and Jackson,” another, that a lot on Wharton Street, be- 
tween Eleventh and Twelfth Streets, could be had at $40,000 on 
mortgage at five per cent.; another, that a lot at Broad at Fed- 
eral Streets could be purchased at $50,000, and another that “a 
large mansion and lot, southwest corner of Tenth and Bain- 
bridge Street,” was for sale, and “probably may be bought 
cheaply.” In October, 1885, the Committee on Location was 
instructed to “examine some lots west of of Broad and south 
of South Streets ; ” and in December of the same year, it having 
been announced that a property at Broad and Federal Streets 
was to be sold by the Sheriff “ in about two weeks ; ” the Com- 
mittee was instructed “ to ascertain all the facts connected with 
the tenure and sale of the property at the southwest corner of 
Broad and Federal Streets, and report to this Board at a called 
meeting.” 
Thus everything remains absolutely indefinite and without 
fixed plan : the location and cost of the lot; the amount to be 
expended upon the erection of the necessary buildings; the 
character and expense of their equipment when erected ; the 
time and manner of taking collection by the various churches; 
and whether the bequest of the testator shall be retained as an 
endowment fund or otherwise expended for immediate necessi- 
ties. Can it be said that the scheme devised is “ practical and 
seemingly certain of success?” The necessary funds are an 
essential part of success; and these, if not actually in hand, 
must, as the will declares, be “ at command,” at least in the 
sense of the subscriptions by individual members of the Board 
of Trustees. 
The Auditing Judge is of the opinion, therefore, that the 
estate cannot yet be taken from the accountant and placed 
beyond the reach of the heirs and next of kin of the testator. 
Two years, however, remain before it can be asserted that “ the 
impracticability of the proposed hospital shall have been demon- 
strated ; ” and there is little reason to doubt that in the mean- 
while everything will be done by the Methodist Episcopal 
Church of Philadelphia and its members necessary for the 
organization and establishment of this charity. The payment 16 
of the money, in all probability, is therefore only a question of 
time; and in the custody of this accountant the fund will be 
entirely safe, and its accumulations will enure to the benefit of 
the party ultimately entitled to receive it. 
It is proper to state that the charter which has been obtained 
fails to provide that the physicians under whose charge the pro- 
posed hospital is to be, shall have received “the degree of A. B. 
from some university or college,” as required by the terms of the 
will. It will be advisable, perhaps, to have the charter amended 
in this respect. 
The account, which was admitted to be correct, shows a bal- 
ance held by the accountant, exclusive of the real estate men- 
tioned, composed as there set forth, of . . $231,465 34 
Deduct: Clerk’s fees .... $23 50 
Certified copy of adjudication. 
Amount now awarded to 
Catharine McCormick, as 
stated below . . 126 00 
The balance . . $ 
will be held by the accountant, subject to the terms of the will 
and codicils, until further order of the Court. 
The claim of Catharine McCormick, allowed as above, was 
for moneys deposited by a lessee of the decedent as security for 
the performance of the covenants of the lease. The original 
lessee having complied with his covenants, removed from the 
premises, and the claimant was accepted in his place, the amount 
of the deposit, $iOO, being assigned to her, and being retained 
by the decedent to secure performance by her. It was shown 
that she had paid her rent in full, and had surrendered the de- 
mised premises in good condition. She was, therefore, entitled 
to the sum so retained, with interest to the time of payment. 
And now, the said account having been called as aforesaid, 
and no exceptions thereto having been filed or presented, it is 
ordered and adjudged that the same be confirmed nisi on pay- 
ment of Clerk’s fees; and that the balance in the hands of the 
Accountant, after payment as above ordered, remain subject to 
the provisions of the said will, etc. 
(Signed) Clement B. Penrose.