Keene's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia: In the estate of Sarah Lukens Keene, deceased: No. 49 of July Term 1874. The decedent died on the 11th of May 1866, having never been married.
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Appeal from the Orphans’ Court of Philadelphia: In the estate of Sarah Lukens Keene, deceased: No. 49 of July Term 1874. The decedent died on the 11th of May 1866, having never been married. She left a will dated November 1843, and proved June 9th 1866, by which she made a number of specific devises and bequests, and also the following provisions:— “ I bequeath to my dear niece, Ellen Keene, whom I have educated, the sum of thirty thousand dollars, to be invested in ground-rents, or bonds and mortgages on real estate, the interest to be paid to her only, or her power of attorney, whether…
1Opinion of the Court
Judgment was entered in the Supreme Court
2Per curiam
— We are of opinion there was an active trust in the executors of Miss Keene’s will, to invest and pay over the interest only to Ellen Keene (now Mrs. Mitchell) for life, and the principal to her children at her death, and if none, then to the *139'persons named to take in that contingency. The trust in the executors was necessary to effectuate this purpose, and the corpus of the estate being in them, charged with the duty of investment and payment, it was necessarily active. Mrs. Mitchell, being herself an executrix, was not bound to give security for…
3Cited by5 opinions
- Henderson's EstateSupreme Court of Pennsylvania · 1917
- Kemerer's EstateSupreme Court of Pennsylvania · 1916
- Kelley's EstateSupreme Court of Pennsylvania · 1915
- Commonwealth v. FryYork County Court of Quarter Sessions · 1929
- Walker's EstatePennsylvania Orphans' Court, Erie County · 1932