Francisco v. Fitch
New York Supreme Court
HIS was a reference of a disputed claim against the estate of Cornelius De Witt deceased, to three referees approved by the surrogate of the county of Yates, under and in pursuance of the statute. (2 R. S. 88, A 34, 35, 36.) The claim was first presented to the defendant, as administrator of the deceased, who declined to allow or pay the same ; whereupon the plaintiff and the defendant signed an agreement to refer the claim to three referees named therein.
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HIS was a reference of a disputed claim against the estate of Cornelius De Witt deceased, to three referees approved by the surrogate of the county of Yates, under and in pursuance of the statute. (2 R. S. 88, A 34, 35, 36.) The claim was first presented to the defendant, as administrator of the deceased, who declined to allow or pay the same ; whereupon the plaintiff and the defendant signed an agreement to refer the claim to three referees named therein. Upon filing that agreement, a rule was entered, referring the controversy to the referees specified. Annexed to this agreement was the…
1Opinion of the Court
By the Court, Johnson, J.
The statute, under which the reference in this case was had, is broad enough to include unliquidated claims by a surviving partner, against the estate of a deceased partner, growing out of the partnership. (2 R. S.,88,89.) By § 34, the executor, or administrator, may give notice to all persons having claims against the deceased, to exhibit the same "with the vouchers thereof. By § 35, upon any claim being presented against the estate, the executor or administrator may require satisfactory vouchers, in support thereof, and also the affidavit of the claimant.' And by §…
2Cases cited3 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Westerlo v. EvertsonNew York Supreme Court · 1828
- Payne v. MatthewsNew York Court of Chancery · 1836
3Cited by9 opinions
- Cornes v. . WilkinNew York Court of Appeals · 1879
- In re the Estates of SchinasiNew York Surrogate's Court · 1931
- McKeering v. Pennsylvania RailroadSupreme Court of New Jersey · 1900
- Brockett v. BushNew York Supreme Court · 1865
- International Harvester Co. of America v. ChamplinAppellate Division of the Supreme Court of the State of New York · 1913
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