In re McQueen's Estate
New York Supreme Court
Appeal from special term, New York county.' Claim by Benjamin F. Blankman against the estate of Alfred G-. McQueen, deceased, presented to John McQueen, as administrator of said estate, and referred under Rev. St. N. Y. pt.-2, c. 6,. art..2, § 36, providing for the reference of any claim so presented, “if the executor or administrator doubt the justice” of the claim.
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Appeal from special term, New York county.' Claim by Benjamin F. Blankman against the estate of Alfred G-. McQueen, deceased, presented to John McQueen, as administrator of said estate, and referred under Rev. St. N. Y. pt.-2, c. 6,. art..2, § 36, providing for the reference of any claim so presented, “if the executor or administrator doubt the justice” of the claim. Section 37 of the same statute provides that the court “may set aside the report of the referees, or appoint others in their places, and may confirm such report, and adjudge costs, as in actions against executors.” From so much…
1Opinion of the CourtVan Brunt, P. J.
In the cases of disputed claims against an estate which are referred under the statutes, it was held in the case of Denise v. Denise, 110 N. Y. 568, 18 N. E. Rep. 368, that these proceedings were governed by the Revised Statutes, and their provisions controlled the question of costs. Therefore, where a claimant is entitled to costs in these proceedings, it is the costs referred to in the Revised Statutes, and not costs as mentioned in the Code. Costs under the Revised Statutes were the disbursements, and not necessarily the allowances provided for in the fee-bill in respect to actions. The…
2Cases cited2 opinions
- Denise v. . DeniseNew York Court of Appeals · 1888
- Hopkins v. . LottNew York Court of Appeals · 1888
3Cited by3 opinions
- Hallock v. BaconNew York Supreme Court · 1892
- Dryer v. BrownNew York Supreme Court · 1890
- Hallock v. BaconNew York Supreme Court · 1891