Keene's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia : No. 264, to January Term 1869, in the estate of Sarah L. Keene, deceased. On the 29th of June 1867, Lawrence St. Clair Keene and Edward J. Keene petitioned the Orphans’ Court for a citation to Ellen K. Mitchell, &c., executrix, &c., of Sarah L. Keene, deceased, requiring her to settle an account of her administration. The answer averred that the petitioners had no interest under the will of the testatrix.
Read the full summary
Appeal from the decree of the Orphans’ Court of Philadelphia : No. 264, to January Term 1869, in the estate of Sarah L. Keene, deceased. On the 29th of June 1867, Lawrence St. Clair Keene and Edward J. Keene petitioned the Orphans’ Court for a citation to Ellen K. Mitchell, &c., executrix, &c., of Sarah L. Keene, deceased, requiring her to settle an account of her administration. The answer averred that the petitioners had no interest under the will of the testatrix. After the filing of the answer the following facts were agreed on by the parties as if proven before an examiner:— Sarah Lukens…
1Opinion of the Court
The opinion of the court was delivered,
by
Agnew, J.
It is not necessary we should determine the rather difficult question, what ultimate interest in the estate of Sarah L. Keene the appellant might take under her will. It is sufficient to say, he has no present interest, immediate or remote, that will enable him to maintain his petition for an account and settlement of the estate. His interest is so entirely contingent and uncertain, it may never have an actual existence. It is a hare possibility, dependent on the death of Ellen K. Mitchell without issue, and even after that comes a question of…
2Cases cited1 opinion
- Okeson's AppealSupreme Court of Pennsylvania · 1854
3Cited by2 opinions
- Overbrook Heights Building & Loan Ass'n v. WilsonSupreme Court of Pennsylvania · 1939
- Keene's EstateSupreme Court of Pennsylvania · 1908