Dyer v. Dyer
New York Supreme Court
THIS was an appeal from a decree of the surrogate of the county of Albany, in which he allowed a claim of Hannah A. Dyer, one of the respondents, against the estate of the intestate. . The proceedings were commenced by the administrator, for the purpose of obtaining leave to mortgage, or sell, the real estate- of the intestate, for the payment of his debts.
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THIS was an appeal from a decree of the surrogate of the county of Albany, in which he allowed a claim of Hannah A. Dyer, one of the respondents, against the estate of the intestate. . The proceedings were commenced by the administrator, for the purpose of obtaining leave to mortgage, or sell, the real estate- of the intestate, for the payment of his debts. Upon the return of the order to show cause, the administrator gave a schedule of debts, and among them was the claim of the respondent Hannah A. Dyer, for work and labor of herself and her son, for- the intestate, which- was disputed by…
1Opinion of the Court
By the Court, Miller, J.
I think that the surrogate erred in admitting the evidence of the respondent to contradict the testimony introduced to prove conversations between her and the deceased.
Section 399 of the Code, as it was in force in 1866, at the time of the hearing before the surrogate, provides for the *192examination of a party “ as a witness in his own behalf, or in the behalf of any other party,” &c. “ except that a party shall not be examined against parties who are representatives of a deceased person, in respect to any transactions had personally between the deceased person and the…
2Cited by3 opinions
- Anderson v. CranmerWest Virginia Supreme Court · 1877
- Marsh v. GilbertNew York Surrogate's Court · 1877
- Howell v. Van SiclenNew York Supreme Court · 1875