Volume 65 — New York Supreme Court Reports

Appeal by the plaintiffs from an order made at a Special Term held in the county of Monroe on the 1st day of August, 1888, and entered in the office of the clerk of the county of Livingston, August 3,1888, and from so much of said order as awards to the defendant, the Trustees of the General Assembly of' the United Presbyterian Church of North America, an allowance of the sum of $350, to the infant defendants George Halsted Bristol and Larius Fillmore Bristol, Jr.., an…

Appeal by tbe People of the State of New York and the Comptroller of the City and- County of New York from an order of the Surrogate of the county of New York, made and entered in the above-entitled proceeding on the 17th day of October, 1887, in the office of said surrogate, directing the executors under the will of Henrietta A. Lenox, deceased, to pay over to the Board of Foreign Missions of the Presbyterian Church the sum of $2,500.

<p> Costs on the reference of a disputed claim against an estate. </p> <p>The proceedings in the case of a disputed claim against an estate, which is referred under the provisions of the Revised Statutes, are controlled hy the Revised Statutes, as regards the allowance of costs therein, and not by the Code of Civil Procedure.</p> <p>Under the Revised Statutes the costs are represented hy the disbursements, and do not necessarily include the allowances provided for in the fee hill in actions.</p>

<p>Supreme Court justice — the pension on his reaching the age of seventy years is not conditional on his having served ten yea/t's of the abridged term.</p> <p>It is not necessary, in order to entitle a justice of the Supreme Court to receive the annual sum of $1,200, provided for by section 1 of chapter 511 of the Laws of 1872, after he has retired from office by reason of having reached the age of seventy years, that he should have served ten years during the term of office which is abridged by reason of his reaching the age of seventy years during such term, but said justice is entitled to the pension, where he has served as a justice for ten years, during either one or more terms, prior to such abridgment of his term of office.</p>

<p> Foreclosure of a purchase-money mortgage—answer setting up a breach of a covenant of seizin in the deed given by the mortgagee. </p> <p>In an action for the foreclosure of a purchase-money mortgage, in which a judgment for deficiency is asked against the mortgagor, an answer setting up a counter-claim for damages arising by reason of a breach of a covenant of seizin contained in the deed of conveyance executed by the mortgagee to the mortgagor may be properly interposed.</p> <p>McConihe v. Fates (107 N. Y., 404); Kirtz v. Peck (118 id., 222) distinguished.</p>