Thurber v. . Chambers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 4 Hun, 721.) This action was for the partition of certain lands situate in St. Lawrence county. On February 23, 1850, one-half of the premises in question was owned by Hiram B. B. Thurber, the other half by Kelsey T. Thurber.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 4 Hun, 721.) This action was for the partition of certain lands situate in St. Lawrence county. On February 23, 1850, one-half of the premises in question was owned by Hiram B. B. Thurber, the other half by Kelsey T. Thurber. The former was an adopted son of the latter, but not of his blood. On the day mentioned said Kelsey T. Thurber executed his last will and testament…
1Opinion of the Court
Chtjboh, Ch. J.
27either of the three principal questions argued in this case is free from difficulty, and I have arrived at the conclusion to sustain the decision of the General Term with some hesitation and doubt. The question whether the devise "to Hiram B. B.-Thurber lapsed by reason of his death prior to .that of the testator, depends upon whether the word “heirs is to be construed .as children. If not so construed it is. a word of limitation, and the devise would lapse; if so construed it is a word of purchase, and the children would take equally with the father; and in that case the…
2Cases cited3 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Goddard v. PomeroyNew York Supreme Court · 1862
3Cited by50 opinions
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- In Re the Accounting of BarkerNew York Court of Appeals · 1921
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
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