Fowler v. Hebbard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albertina H. Fowler, from a judgment of the Supreme Court in favor of the defendants, entered! in the office of the clerk of the county of Dutchess on the 22d day of August, 1898, upon the report, of a referee.
1Opinion of the Court
Hatch, J.:
This was a reference of a disputed claim against the estate of a testator, and under the provisions of the Code becomes an action pending in the Supreme Court. • It is claimed that the remedy is not by reference, but is'by compelling an accounting before the surrogate and in support of the claim the respondents rely upon Shorter v. Mackey (13 App. Div. 20). We think that this case is not controlling of this question. That was a proceeding to compel one executor tó pay over moneys in his hands belonging to the estate of his testator. It was not an account or indebtedness which had…
2Cases cited4 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Smith v. . RentzNew York Court of Appeals · 1892
- Shorter v. MackeyAppellate Division of the Supreme Court of the State of New York · 1897
- Stevens v. AyersNew York Supreme Court · 1890
3Cited by4 opinions
- Bradley v. . McDonaldNew York Court of Appeals · 1916
- In re the Final Judicial Settlement of Account of Proceedings of HullAppellate Division of the Supreme Court of the State of New York · 1904
- Lamphere v. LamphereNew York Supreme Court · 1900
- Lamphere v. LamphereNew York Supreme Court · 1900