In re Harris' Estate — 14 N.Y.S. 940

Majority

p. 940

In re Harris’ Estate.

(Supreme Court, General Term, Second Department.

May, 1891.)

Headnote

Appeal from judgment on report of referee..

A claim presented by Frank W. Harris against the estate of his deceased wife, Carrie W. Harris, having been rejected, the claimant now appeals.

Argued before Barnard, P. J., and Dykman and Pratt, JJ.

M. J. Donovan, for appellant. William Vanamee, for respondent.

Frank Harris was the husband of Carrie W. Harris, who ■died in December, 1888. After her death he presented a claim against her estate of $2,170.89, which was disputed, and referred to a referee under the statute. The referee, after a trial before him, decided against the claim, and •a, judgment has been entered against the claimant for costs. The claim was entirely destitute of merit, and the finding of the referee is amply supported by the evidence, and the judgment should be affirmed, with costs. All con•cur.