Lucius Quintus Cincinnatus Lamar

“ To equalize David K.'s share with that transaction, it was to receive parcels 6 and 7. Parcel 6, known as the 'Durgin Creek Property,' was valued at $10 per acre, or $400, and parcel 7 at $35 per acre, or $1,575,-$1,975 for both tracts, or practically equal to one-third of the value of parcel 2. Parcel 1, as we have stated, represents land sold to various persons other than the legatees. The amount realized from the sale of those parcels was $4,920. It was found, however, during the progress of the sale, that the land was not bringing what the heirs thought it ought to bring. ”

“ With respect to parcels 3 and 5, that is, the 'saw-mill property' and the 'home farm,' we are equally clear that they were bid off by Simon K. Oyster for the benefit of the share of David K., were deeded to him as such, and were conveyed by him to the defendant George Oyster charged with that trust. The only difficulty on this point is as to whether the consideration for those two pieces of property was fully aid by the interest of David K. in his father's estate. As already stated, those two pieces of property were to be paid for at $1,125 and $12,000, or $13,125. ”

“ Certain facts are undisputed or are clearly proven. Abraham Oyster died testate in Missouri in 1862, leaving a large amount of property in that state, in Illinois, and in Pennsylvania. He left four children surviving him,-Margaret, Simon, George, and David K. A few years before his death he had made certain advancements to Margaret, George, and Simon, but had advanced nothing to David K. By his will he made further preferences in favor of George and Margaret, bequeathing to them $10,000 apiece, and then dividing the remainder of the estate equally among the four children. ”

“ I hold that the power to become a competent party to the agreement by which real Estate is disposed of arose from Simon's own act in filing exceptions to the manner in which Father disposed of his property in which he was interested in the final Distribution and that in the Balance of the property she is not legally qualified to do anything more then receive the share due Simon and release the Executors and Administrators therefrom. ”

“ That sum also represents an asset of the estate. Likewise the amount received by David K. from the sale of the personalty of the estate represents an asset. At the sale on November 15, 1869, certain lands (parcel 1) were sold to strangers for $4,920. According to the evidence herein, that sum was paid to George Oyster, and is, therefore, chargeable against him as an asset of the estate. These assets are the portion of the estate which, under the will and the modifying agreements, was to be equally divided among the four legatees. ”

“ Accordingly it was arranged that any tract which should not sell for about its full value should be bid in by one or the other of the heirs, it mattered not which, for the benefit of all, and that at the conclusion of the sale the lands thus bought in should be divided into four parcels, as nearly equal in value as could be ascertained. ”

“ Further answering, respondent admitted that Simon K. never paid any consideration for the property in dispute, and averred that neither did the plaintiffs, who claim to be his cestuis que trustent, ever pay any consideration therefor, and that plaintiffs should be estopped from averring the consideration in the deed to Simon K. to have been other than that stated in the deed. The conveyance of Simon K. to respondent was admitted, but it was denied that any unfair means were adopted by respondent as an inducement to that conveyance. ”

“ Moreover, it is in entire accord with the evidence introduced troduced by David K., many of whose witnesses had been familiar with the transactions concerning which they testified, and were apparently representative men in the community where those transactions occurred. ”