Robert v. Ditmas
New York Supreme Court
Motion for costs against an administratrix on a report of referees in favor of a creditor, under the revised statutes, relative to the duties of executors and administrators in the payment of debts and legacies.
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Motion for costs against an administratrix on a report of referees in favor of a creditor, under the revised statutes, relative to the duties of executors and administrators in the payment of debts and legacies. Robert was a creditor of the intestate and demanded a sum as due to him exceeding $200. The matter in controversy wps referred to three "disinterested persons, in conformity to the provisions of the statutes, 2 R. S. 88, § 36. The referees, after hearing the parties, made a report in favor of the creditor or claimant for $76,07. Within a few days after the making of the report, the…
1Opinion of the Court
By the Court,
Savage, C. J.
The revised statutes, 2 R. S. 88, 89, and 90, have materially changed the law of this state in relation to the duties and liabilities of executors and administrators. Under our former statutes, suits were brought against them at any time after they undertook to act in their representative capacity, with a right on the part of the creditors to the costs of suit in case of a recovery against them, provided there were sufficient assets in their hands. But under the revised statutes, 2 R. S. 90, § 41, there can be no doubt that in case of suits, properly so called, no…
2Cases cited1 opinion
- Potter v. EtzNew York Supreme Court · 1830
3Cited by8 opinions
- Roe v. . BoyleNew York Court of Appeals · 1880
- Woodin v. BagleyNew York Supreme Court · 1835
- Harvey v. Skillman'sNew York Supreme Court · 1840
- Coe v. CoeNew York Supreme Court · 1861
- Sutton v. NewtonNew York Supreme Court · 1885
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