In re the Estate of Walker

Fitzgerald, S.

The order of reference made in this matter, which is a proceeding to dispose of real estate for the payment of decedents debts, is in effect an order which requires the referee to take and report the evidence upon the facts, with his opinion thereon. Of the power of the court to make such order, under the authorization given to the surrogate by section 2546 of the Code of Civil Procedure to appoint a referee “ to take and report to the surrogate the evidence upon the *281facts,” there can be no doubt. Matter of Ferrigan, 42 App. Div. 1; affd., 160 N. Y. 689; Matter of Pearsall, 21…