Legal Opinion

Oyster v. Oyster

Supreme Court of Pennsylvania

Decided October 2, 1882PublishedCited by 8 opinions

Error to the Court of Common Pleas of Cumberlcmdcounty : Of July Term 1882, No. 58. Case stated, wherein Simon W. Oyster was plaintiff and Napoleon K. Oyster defendant, setting forth as follows: Simon Oyster, late of Harrisburg, Dauphin county, Pennsylvania, died, seised in fee of a large amount of real estate, leaving a widow, Margaretta Oyster, and a number of children.

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Error to the Court of Common Pleas of Cumberlcmdcounty : Of July Term 1882, No. 58. Case stated, wherein Simon W. Oyster was plaintiff and Napoleon K. Oyster defendant, setting forth as follows: Simon Oyster, late of Harrisburg, Dauphin county, Pennsylvania, died, seised in fee of a large amount of real estate, leaving a widow, Margaretta Oyster, and a number of children. By his will, dated June 14th 1865, and duly proven April 6th 1867, he devised, inter alia, as follows, to wit: “I give and bequeath to my son, Simon Washington Oyster, my farm, situated in East Pennsboro’, county of…

1Opinion of the CourtJustice Paxson

The single question in this case is whether the word “ children” in the third clause of Simon Oyster’s wh, is a word of limitation or of purchase. The learned judge below held that under the said clause the testator’s son, Simon Washington Oyster, took an estate tail, which under our statute of 27th April 1855 is enlarged into a fee simple. The operative words of the clause are as follows : “ I give and bequeath to my son, Simon Washington Oyster, my farm, in East Pennsboro’, county of Cumberland, . . . for his support and estate, to be and remain bequeathed to his children during their…

2Cases cited1 opinion

  1. Sisco v. CheeneyOhio Supreme Court · 1831

3Cited by8 opinions

  1. Crawford v. Forest Oil Co.Supreme Court of Pennsylvania · 1904
  2. Oyster v. KnullSupreme Court of Pennsylvania · 1890
  3. Wilkinson v. ChambersSupreme Court of Pennsylvania · 1897
  4. McCormick v. SypherSupreme Court of Pennsylvania · 1913
  5. Oyster v. OrrisSupreme Court of Pennsylvania · 1899

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