Austin Keene's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia: No. 198, to January Term 1870. In Sarah Lukens Keene’s Estate. Sarah L. Keene died May 11th 1866, having made hér will, which was proved June 9th in the same year, and letters testamentary were granted to Ellen Keene Mitchell, wife of Samuel B. W. Mitchell, the executrix named in it.
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Appeal from the decree of the Orphans’ Court of Philadelphia: No. 198, to January Term 1870. In Sarah Lukens Keene’s Estate. Sarah L. Keene died May 11th 1866, having made hér will, which was proved June 9th in the same year, and letters testamentary were granted to Ellen Keene Mitchell, wife of Samuel B. W. Mitchell, the executrix named in it. The will, amongst others, contained the following clauses:— ■ “ I also bequeath to this niece” (Ellen Keene, now Mitchell, the executrix), (“the only surviving daughter of my brother, Jesse Lukens Keene, deceased), whom I have educated, the sum of…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— In Keene’s Appeal, 10 P. F. Smith 504, a case arising upon the same will now before us, it was held that a person who has a mere possible interest so contingent and uncertain that it may never become -vested, is not entitled, under the Act of March 29th 1832, Pamph. L. 208, to process to compel an appearance in the Orphans’ Court. In consequence of this decision the Act of April 17th 1869, Pamph. L. 70, was no doubt passed. It provides, “ that the owner of any contingent interests in the personal property of any decedent, may legally…
2Cases cited2 opinions
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
- Campbell v. GilbertSupreme Court of Pennsylvania · 1841
3Cited by6 opinions
- Tracy EstateSupreme Court of Pennsylvania · 1961
- Keene's EstateSupreme Court of Pennsylvania · 1908
- Estate of FellSuperior Court of Pennsylvania · 1897
- Jenkins TrustPennsylvania Orphans' Court, Schuylkill County · 1959
- Estate of WagenerSupreme Court of Pennsylvania · 1899
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