Swift v. Blair's
New York Supreme Court
This was a motion for costs against an executrix, under the provision of the statute subjecting executors and administrators to costs, where they refuse to refer, &c. 2 R. S. 90, § 41. The affidavit stated that the defendant had refused to arbitrate, &c.
1Opinion of the Court
*279 By the, Court,
Savage, Ch. J.
An executor or administrator is not bound to arbitrate; he can only be asked to refer, in the manner prescribed by the statute. This motion, therefore, must be denied. When it is sought to subject an executor or administrator to costs, inasmuch as they must come out of his own pocket, if granted, for it is only for neglect of duty that he can be subjected to costs, the party asking for the rule must bring himself strictly within the statute.
2Cited by6 opinions
- Butts & Havens v. GenungNew York Court of Chancery · 1835
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
- Harvey v. Skillman'sNew York Supreme Court · 1840
- Cruikshank v. CruikshankNew York Supreme Court · 1854
- Buckhout v. HuntNew York Supreme Court · 1858
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