Thurber v. Chambers
New York Supreme Court
Appeal from a judgment in an action of partition, directing a sale of the premises and distribution of the proceeds. Two questions were presented by this appeal: First, whether or not certain real estate formerly owned by one Kelsey T. Thurber, and by him devised to an adopted son, who died during the lifetime of the testator, passed to his children or to the heirs at law of the testator ; and, second, whether or not the plaintiff was entitled to charge upon the said land…
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Appeal from a judgment in an action of partition, directing a sale of the premises and distribution of the proceeds. Two questions were presented by this appeal: First, whether or not certain real estate formerly owned by one Kelsey T. Thurber, and by him devised to an adopted son, who died during the lifetime of the testator, passed to his children or to the heirs at law of the testator ; and, second, whether or not the plaintiff was entitled to charge upon the said land the amount expended by him in supporting one Elsie Whitney, whose support and maintenance was provided for by the will.…
1Opinion of the Court
Learned, P. J.:
Kelsey T. Thurber, in 1850, made his will. 1st. He gave his personal estate to his wife. 2d. He gave her a life estate in his land. 3d. He gave as follows : “ At the decease of my said wife I give, devise and bequeath to my adopted son Hiram B. B. Thurber and his heirs, all the real estate of which I may die seized, so that at my wife’s death he and his heirs shall be seized thereof in fee.” 4th. He gave some small legacies, and charged them and the support of Elsie Whitney on “ the estate hereby devised to Hiram B. B. Thurber.” 5th. In case he should survive his wife, he gave…
2Cases cited8 opinions
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Van Beuren v. . DashNew York Court of Appeals · 1864
- Bundy v. . BundyNew York Court of Appeals · 1868
- Lansing v. . RussellNew York Court of Appeals · 1850
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