Oyster v. Oyster
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of York county, upon which a bill of exceptions was returned with the record. It was an issue directed by the Orphan’s Court of that county, to try whether Peter Oyster deceased, one of the children of George Oyster, who died intestate, had received from his father, an advancement equal to his share of his father’s estate.
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In Error. THIS was a writ of error to the Common Pleas of York county, upon which a bill of exceptions was returned with the record. It was an issue directed by the Orphan’s Court of that county, to try whether Peter Oyster deceased, one of the children of George Oyster, who died intestate, had received from his father, an advancement equal to his share of his father’s estate. It was averred on the part of the plaintiffs, that he had: and on the part of the defendants, that he had not. It was proved, on the trial, that George Oyster had, in his life time, conveyed to Peter Oyster as an…
1Opinion of the Court
Tilghman C. J.
George Oyster, deceased, made an advancement to his son, Peter, by a gift of land, and afterwards died intestate, seised and possessed of real and personal estate. The land rose in value between the time of the gift and the death of the intestate. Peter claims a share of his father’s estate. The question is, whether the advancement is to be estimated, according to the value of the land at the time it was made, or at the time of the father’s death. The case depends upon the 9th section of the act, directing the descent of intestate’s “ real estates, and distribution of their…
2Cases cited1 opinion
- Going v. CookWashington Supreme Court · 1890
3Cited by1 opinion
- Chinn v. MurraySupreme Court of Virginia · 1848