Albright v. Oyster
U.S. Circuit Court for the District of Eastern Missouri
In Equity. Demurrers and plea to the bill, and exceptions to answer. The facts stated in the bill are, in substance, as follows: Abraham Oyster died in 1882, testate and seized of certainlands situated in Missouri. He left four children, Margaret, George, David X., and Simon Oyster. Simon died,, however, before his father’s property was distributed. He left a will, of which he appointed his wife, Margaretta, executrix.
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In Equity. Demurrers and plea to the bill, and exceptions to answer. The facts stated in the bill are, in substance, as follows: Abraham Oyster died in 1882, testate and seized of certainlands situated in Missouri. He left four children, Margaret, George, David X., and Simon Oyster. Simon died,, however, before his father’s property was distributed. He left a will, of which he appointed his wife, Margaretta, executrix. After his death his wife, as his executrix, agreed with the three surviving children of Abraham Oyster to make a different division of Abraham Oyster’s lands from the one…
1Opinion of the CourtTreat, J.
The demurrers to the bill are overruled. The demur-rants are proper, and in certain aspects of the case may be necessary parties. Under the theory of the bill there was ample consideration for the conveyance to Simon K. Oyster, in trust, moving from David for his children. The averments are to the effect that the consideration named in the deed to Simon K. was merely for the purpose of equalizing the distribution of the estate, as had been agreed upon. If those averments are true, then Simon K. took the title clothed with the trust for David’s children. It is admitted that George occupies no…
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