Brockett v. Bush
New York Supreme Court
Ephraim Brockett, the son and administrator of Hezekiah Brockett, deceased, made a claim against Samuel H. Bush, the executor of Asenath Brockett, the wife of Hezekiah, and mother of the plaintiff, for various articles of personal property, and a note for $50, taken by Mrs. Brockett, and used by her after her husband’s death.
Read the full summary
Ephraim Brockett, the son and administrator of Hezekiah Brockett, deceased, made a claim against Samuel H. Bush, the executor of Asenath Brockett, the wife of Hezekiah, and mother of the plaintiff, for various articles of personal property, and a note for $50, taken by Mrs. Brockett, and used by her after her husband’s death. Upon this claim the following consent to refer was entered into under the statute, and approved by the surrogate: [Title.] Whereas the above-named Ephraim Brockett, administrator, &c., as aforesaid, has presented claims against the estate of Asenath Brockett, deceased,…
1Opinion of the CourtBalcom, J.
The agreement to refer only stated that the plaintiff as administrator, &e., had presented “ claims” against the estate of Asenath Brockett, deceased, the justice of which was doubted by her executor, the defendant herein; and that the parties stipulated to refer “ said claims” to a referee named, to hear and determine in accordance with the statute in such case made and provided. (See Rev. Stat., 5 ed., 175; Laws of 1859, 569.) The nature of the claims was not set out in the agreement as should have been done. (Woodin a. Bagley, 13 Wend., 453.) Nor were they specified in the rule…
2Cases cited6 opinions
- Woodin v. BagleyNew York Supreme Court · 1835
- King v. PooleNew York Supreme Court · 1862
- Francisco v. FitchNew York Supreme Court · 1857
- Sands v. CraftNew York Supreme Court · 1859
- Akely v. AkelyNew York Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hone v. De PeysterNew York Supreme Court · 1887