Bucklin v. Chapin
New York Supreme Court
rpliE defendant is the administratrix of her husband, JL E. Gr. Chapin, deceased, having been appointed by the surrogate of the county of Herkimer, in December, 1861. The plaintiff, claiming to be a creditor of the intestate, presented to the agent of the defendant, on the 17th December, 1862, an account, by which a balance of $715.59 was claimed to be due.
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rpliE defendant is the administratrix of her husband, JL E. Gr. Chapin, deceased, having been appointed by the surrogate of the county of Herkimer, in December, 1861. The plaintiff, claiming to be a creditor of the intestate, presented to the agent of the defendant, on the 17th December, 1862, an account, by which a balance of $715.59 was claimed to be due. This account was not brought to the knowledge of the defendant until April, 1866, when she served a notice on the plaintiff that it was rejected. On the 11th of May, 1866, the following order was drawn up and signed by the surrogate: “…
1Opinion of the Court
By the Court, Mullin, J.
The Eevised Statutes (vol. 3, 5th ed. 175, § 41) provide, if an executor or administrator doubt the justice of any claim presented to him, he may enter into an agreement in writing with the claimant to refer the matter to one or three referees, tó be approved by the surrogate; and upon filing such agreement and approval with the clerk of the Supreme Court, a rule shall be entered by the clerk, referring the matter to the persons so selected. The next section clothes - the referees with the same powers as if the reference was in an action in the court in which the order…
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- Bonner v. McPhailNew York Supreme Court · 1860
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