Montgomery v. Burgess
New York Supreme Court
Appeal from special term, Herkimer county. Juliaette L. Montgomery presented a claim against the estate of Hiram Burgess, deceased; and George H. Burgess, the executor, disputing the same, it was referred under the statute. The executor’s motion to vacate the order of reference was denied, and from the order denying the motion, and a judgment for plaintiff, defendant peals.
1Opinion of the CourtMerwin, J.
The appeal from the order may be first considered. On the 20th March, 1893, the plaintiff presented a claim against the estate of defendant’s testator to the defendant, to whom letters testamentary had been issued on December 24, 1889, by the surrogate’s court of Otsego county. The claim was rejected by the defendant, and thereupon, under the provisions of section 2718 of the Code of Civil Procedure, a stipulation was made and an order of reference was entered in Herkimer county on August 16, 1893. The ground upon which it was sought to set aside this order was that the approval of the…
2Cases cited6 opinions
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Wood v. . TunnicliffNew York Court of Appeals · 1878
- Everts v. EvertsNew York Supreme Court · 1862
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