Oyster v. Orris
Supreme Court of Pennsylvania
Appeal, No. 138, Jan. T., 1899, by defendant, from judgment of C. P. Cumberland Co., May T., 1899, No. 40, on case stated in favor of plaintiffs. Case stated.
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Appeal, No. 138, Jan. T., 1899, by defendant, from judgment of C. P. Cumberland Co., May T., 1899, No. 40, on case stated in favor of plaintiffs. Case stated. Before E. W. Biddle, P. J. It appeared from the case stated that on August 21,1897, plaintiffs entered into an article of agreement with defendant, to convey with covenant of general warranty, in fee simple, to defendant, his heirs and assigns, part of that tract of land containing eighty-four acres, known as the Oyster mill tract, referred to in item No. 6 of the will of Simon Oyster. In consideration of which defendant agreed to pay…
1Opinion of the Court
Optnion by
Fell, J.,
The question presented by the ease stated is whether the plaintiff took under his father’s will a fee simple, or a life estate merely, in a tract of eighty acres. This will has been a prolific source of litigation, and is now before this Court for the third time. The third clause of the will was construed in Oyster v. Oyster, 100 Pa. 538, and the fourth in Oyster v. Knull, 137 Pa. 448. In each of these cases it was held that the word “ children ” as used by the testator was a word of purchase and not of limitation, and that the devisees under these clauses of the will took…
2Cases cited2 opinions
- Oyster v. KnullSupreme Court of Pennsylvania · 1890
- Oyster v. OysterSupreme Court of Pennsylvania · 1882
3Cited by1 opinion
- Chambers v. Union Trust Co.Supreme Court of Pennsylvania · 1912