Oyster v. Knull
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. No. 8 May Term 1890, Sup. Ct.; court below, No. 327 January Term 1890, C. P. On November 11,1889, a case stated was filed wherein Napoleon K. Oyster was plaintiff and Henry C. Knull, defendant, showing as follows: “That Simon Oyster, late of Harrisburg, Dauphin county, Pennsylvania, died on or about April 1, 1867, seised in fee of a large amount of real estate situate in Dauphin and Cumberland counties,…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY. No. 8 May Term 1890, Sup. Ct.; court below, No. 327 January Term 1890, C. P. On November 11,1889, a case stated was filed wherein Napoleon K. Oyster was plaintiff and Henry C. Knull, defendant, showing as follows: “That Simon Oyster, late of Harrisburg, Dauphin county, Pennsylvania, died on or about April 1, 1867, seised in fee of a large amount of real estate situate in Dauphin and Cumberland counties, Pennsylvania, leaving a widow, Margaretta Oyster, and five children. By his will, dated June 14, 1865, and duly proven…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
The only question presented in this case stated is whether the plaintiff, under his father’s will, took a freehold of inheritance or only a life-estate in the Mount Airy farm.
It appears that in June, 1865, the testator, Simon Oyster, ■made his. will, and in less than two years thereafter died seised ■of certain real estate, leaving to survive him a widow, Margaretta Oyster, and five children, one of whom, the plaintiff, then about ten years old, has ever since remained unmarried and without children. The operative clause of his will is as follows:
“ 4. I give and…
2Cases cited3 opinions
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