New York Court of Appeals

Hiram B. Thurber, Respondents v. John M. Chambers, Impleaded

April 18, 187666 N.Y. 42

Summary

The Court affirmed the lower court, holding that the word “heirs” in the devise to Hiram B. B. Thurber was a limitation causing the devise to lapse, and that the lien for supporting Elsie Whitney attached to the remainder and survived the lapse, giving the plaintiff an equitable assignment to enforce the lien.