Fiero v. Fiero
New York Supreme Court
THIS is an appeal from a judgment rendered upon the report of a referee. Joshua Fiero died May 14, 1864, having duly made a will, wherein he appointed the defendants executors thereof, and said will was admitted to probate, and letters testamentary were issued to such executors, and thereafter the plaintiff presented a claim to the appellants, as such executors, which was rejected by them, and the same" was referred, under the statute, to a referee to hear and determine.
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THIS is an appeal from a judgment rendered upon the report of a referee. Joshua Fiero died May 14, 1864, having duly made a will, wherein he appointed the defendants executors thereof, and said will was admitted to probate, and letters testamentary were issued to such executors, and thereafter the plaintiff presented a claim to the appellants, as such executors, which was rejected by them, and the same" was referred, under the statute, to a referee to hear and determine. The evidence shows that the plaintiff was seised of real estate in the town of Saugerties, being a hotel property, from the…
1Opinion of the Court
By the Court, Miller, J.
Whether the deceased employed the plaintiff to sell the tavern stand, which he had *291purchased, at the time when he made the purchase, or afterwards, was a question of fact presented to the referee upon the trial of this cause; and so long as his conclusion is sustained hy sufficient evidence, his finding on that subject cannot, be disturbed. There was certainly some testimony to sustain the finding of the referee, that the agreement, under which the plaintiff claimed a right to recover, was made about the 1st of October, 1861, and there was no positive proof that it was…
2Cases cited2 opinions
- Barnard v. MonnotNew York Court of Appeals · 1866
- Bander v. SnyderNew York Supreme Court · 1848
3Cited by1 opinion
- Carr v. LeavittMichigan Supreme Court · 1884