Krill v. Brownell

Smith, P. J.:

' The only question in this case is whether the prevailing party, upon the reference of a claim against the estate of a deceased per*73son, is entitled to recover the fees of referees and witnesses and his other necessary disbursements, as matter of right. There are conflicting decisions upon the question. The point of difference is whether that clause of section 317 of the Code of Procedure, as-amended by chapter 479 of the Laws of 1851, which gives the right, is still in force. The clause provides that whenever any claim against a deceased person shall be referred, pursuant to the…