Commonwealth Ex Rel. Marshall v. Beeman

Opinion op the Court by

Stanley, Commissioner

Affirming.

This is another chapter in the litigation involving property of the Society of Shakers in Mercer County, recently outlined in several cases to be cited, especially in Pennebaker v. Pennebaker Home for Girls, 297 Ky. 670, 181 S. W. 2d 49. We state briefly only such part as is pertinent to an understanding of the present case.

Dr. Pennebaker, the sole survivor of the Society, devised the property, in trust, for a school for needy girls, but the income was not sufficient to repair and improve the property. The corporate trustee was held to…