Mowry v. . Peet
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 30, 1881, which modified, and affirmed as modified, a judgment in favor of defendants, entered upon the report of a referee upon a reference under the statute of a disputed claim against the estate of Eleazer Peet, defendants’ intestate.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 30, 1881, which modified, and affirmed as modified, a judgment in favor of defendants, entered upon the report of a referee upon a reference under the statute of a disputed claim against the estate of Eleazer Peet, defendants’ intestate. The defendants set up a counter-claim, and. the referee decided that defendants were entitled to an affirmative judgment for $20,074.12. The report was confirmed by the Special Term, and judgment was ordered and entered against the…
1Per curiam
We are of opinion that upon a reference under the statute, of a disputed claim against the estate of a deceased person, there is no power either in the referee or the court to render an affirmative judgment against the claimant, upon a counter-claim, in favor of the .executors. The question in controversy which is submitted to the referee on such a reference is, whether the claimant has a just claim against the estate of the deceased, and for the purpose of determining this question the referee may consider and pass upon any defense, legal or equitable, and any offset which the executors,…
2Cases cited1 opinion
- Roe v. . BoyleNew York Court of Appeals · 1880
3Cited by9 opinions
- Matter of BinghamNew York Court of Appeals · 1891
- Juergens v. ThomSupreme Court of Minnesota · 1888
- Osborne v. ParkerAppellate Division of the Supreme Court of the State of New York · 1901
- Dryer v. BrownNew York Supreme Court · 1890
- Hovey v. HoveyNew York Supreme Court · 1887
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