Oro's age has nothing to do with Yamato having the ability of the 1st. Orochimaru left the village before Yondy died. He did his experiments before he left the village that only Yamato survived. Yamato is about as old as Kakashi. Kakashi was old enough to fight before Yondy became Hokage. That means Yamato would have been alive though young. And he would have still had the same powers. Oro being 50 has nothing to do with Yamato being alive when Kyuubi attacked.