Woodin v. Bagley
New York Supreme Court
The plaintiffs, the children of Daniel Woodin, deceased, presented a claim to the defendant, as executor of the last will of Hannah Woodin,their grand-mother,for a proportion or distributive share of the personal property whereof their grandfather Peter Woodin died possessed, and which, on his decease, went into the possession of their grand-mother.
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The plaintiffs, the children of Daniel Woodin, deceased, presented a claim to the defendant, as executor of the last will of Hannah Woodin,their grand-mother,for a proportion or distributive share of the personal property whereof their grandfather Peter Woodin died possessed, and which, on his decease, went into the possession of their grand-mother. The executor doubting the justice of the claim, the parties entered into an agreement, pursuant to the statute relative to the duties of executors and administrators, 2 R. 8. 88, § 36, referring the matter in controversy to three disinterested…
1Opinion of the Court
By the Court,
Sutherland, J.
The reference in this case was made under that provision of the Revised Statutes which authorizes executors or administrators, when they doubt the justice of any claim presented against the estate which they may represent, to- enter into an agreement in writing, with the claimant, to refer the matter in controversy to three disinterested persons, to be approved by the surrogate. 2 R. S. 88, *455§ 36. Such agreement and approval of the surrogate are to be filed in the office of a clerk of the supreme court, or of the clerk of the court of common pleas of the county in…
2Cases cited4 opinions
- Hyde v. StoneNew York Supreme Court · 1831
- Jenkins v. FreyerNew York Court of Chancery · 1833
- Potter v. EtzNew York Supreme Court · 1830
- Robert v. DitmasNew York Supreme Court · 1832
3Cited by26 opinions
- Segelken v. . MeyerNew York Court of Appeals · 1884
- Buckley v. BuckleyNew York Supreme Court · 1850
- Becraft v. LewisMissouri Court of Appeals · 1890
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
- Hart v. GoadbyAppellate Division of the Supreme Court of the State of New York · 1910
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