ich clashing doctrines and sectarian
controversy are so apt to produce; my desire is, that all the
instructors and teachers in the college shall take pains to instil
into the minds of the scholars _the purest principles of morality_,
so that on their entrance into active life they may, _from
inclination_ and habit, evince _benevolence towards their
fellow-creatures, and a love of truth, sobriety, and industry_,
adopting at the same time such religious tenets as their _matured
reason_ may enable them to prefer."

The testator having, after the date of his will, bought a house in Penn
Township, with forty-five acres of land, he made a codicil, by which he
directed the college to be built on this estate, instead of the square
mentioned in the will, and the whole establishment to be made thereon,
just as if he had in his will devoted the estate to that purpose. The
city government has accordingly been advised that the whole forty-five
acres must be enclosed with the same high wall as was provided in the
will for the square in the city.

I have now stated, I believe, all the provisions of the will which are
material to the discussion of that part of the case which respects the
character of the institution.

The first question is, whether this devise can be sustained, otherwise
than as a charity, and by that special aid and assistance by which
courts of equity support gifts to charitable uses.

If the devise be a good limitation at law, if it require no exercise of
the favor which is bestowed on privileged testaments, then there is
already an end to the question. But I take it that this point is
conceded. The devise is void, according to the general rules of law, on
account of the uncertainty in the description of those who are intended
to receive its benefits.

"Poor white male orphan children" is so loose a description, that no one
can bring himself within the terms of the bequest, so as to say that it
was made in his favor. No individual can acquire any right or interest;
nobody, therefore, can come forward as a party, in a court of law, to
claim participation in the gift. The bequest must stand, if it stand at
all, on the peculiar rules which equitable jurisprudence applies to
charities. This is clear.

I proceed, therefore, to submit, and most conscientiously to argue, a
question, certainly one of the highest which this court has ever been
called upon to consider, and one of