Andrews v. Wallege

By the Court.—Ingraham, J.

The question submitted to us on this appeal is, whether the surrogate has jurisdiction, on the petition of a creditor, to try the validity of his claim when disputed by the executor or administrator. The surrogate in this case assumed to do so, and decided against the administrator, who now appeals to this court.

It must be conceded that there is no express authority in the statutes authorizing such a trial. There are cases where the surrogate has limited powers to make the investigation as to disputed claims, but none of those cases extends to a case like the…