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.”

The fifth direction is as follows:—­

“5.  No orphan should be admitted until the guardians, or directors of the poor, or a proper guardian or other competent authority, shall have given, by indenture, relinquishment, or otherwise, adequate power to the mayor, aldermen, and citizens of Philadelphia, or to directors or others by them appointed, to enforce, in relation to each orphan, every proper restraint, and to prevent relations or others from interfering with or withdrawing such orphan from the institution.”

By the sixth article, or direction, preference is to be given, first, to orphans born in Philadelphia; second, to those born in other parts of Pennsylvania; third, to those born in the city of New York; and, lastly, to those born in the city of New Orleans.