Burhans v. Burhans
New York Supreme Court
W. Burhans, and J. L. Burhans as executor of J. Burhans, entered into an agreement in writing to refer the claims of W. Burhans upon the estate of J. Burhans to three disinterested persons, which was approved by the surrogate, and a rule was entered in this court referring the matter in controversy to the persons thus selected, in pursuance of the provisions of the revised statutes, 2 R S. 88, § 36. On the 18th November last, the referees made a report in favor of the…
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W. Burhans, and J. L. Burhans as executor of J. Burhans, entered into an agreement in writing to refer the claims of W. Burhans upon the estate of J. Burhans to three disinterested persons, which was approved by the surrogate, and a rule was entered in this court referring the matter in controversy to the persons thus selected, in pursuance of the provisions of the revised statutes, 2 R S. 88, § 36. On the 18th November last, the referees made a report in favor of the claimant for $909. On the 7th December the claimant died, and now a motion is made, on notice to the defendant, for leave to…
1Opinion of the Court
By the Court,
Nelson, J.
The provisions of the revised statutes, 2 R. 8. 89, § 37, and 2 R. S. 385, § 48, authorize us to say that the -report of the referees in this case is within the spirit of the act allowing final judgment to be entered in the names of the original parties within two terms after a verdict¡ if either party die before judgment be actually entered. 2 R. 8. 307, § 4. Judgment, therefore, may be entered upon the report, the same as after a verdict, by the leave of the court, which is correctly applied for at a special term ; but the rule for confirmation and judgment must be…
2Cited by5 opinions
- Coe v. CoeNew York Supreme Court · 1861
- Kissam v. HamiltonNew York Supreme Court · 1860
- Scranton v. BaxterThe Superior Court of New York City · 1850
- Zalewski v. Zalewski, New York County Courts1922
- Grant v. GriswoldNew York Supreme Court · 1880