Kellogg v. Werner

Decided January 15, 1876

New York Supreme Court · decided 1876-01-15

The report was made on a statutory reference under the provisions of 2 Revised Statutes, page 89, sections 36 and 37. The confirmation was objected to, on the ground that the testimony should have been signed and filed under the provisions of the third paragraph of rule 39.

Decided 1876-01-15

Per Ouriam:

¶1We are of opinion that, in the ease of a statutory reference, had between an executor or administrator and a claimant against the estate (under 2 R. S., [m. p.] 89, § 36, etc.), the rule of this court requiring the filing of the testimony taken before the referee (rule 43), does not apply. For this reason the order of the Special Term should be reversed, with ten dollars costs, and printing disbursements, without prejudice to any right of review of the referee’s report.

Present — Learned, P. J., Bocees and Boardman, JJ.

¶2Order reversed, with ten dollars costs and printing.