Bertholf v. Carr — 30 N.Y. St. Rep. 835

Majority

p. 835

In the Matter of Sarah Bertholf, App’lt, v. Alfred Carr, Ex’r, Resp’t.^[1]

(Supreme Court, General Term, First Department,

Filed March 14, 1890.)

Headnote

■Costs—Executors and administrators—Claimant entitled to disbursements OR REFERENCE.

A successful claimant against an estate is entitled to the fees of the referee, and other disbursements of the reference.

Reargument of appeal from order denying to appellant the fees of a referee on the reference of a claim against the executor.

John Townshend, for app’lt; A. B. Carrington, for resp’t

The case of Larkins v. Maxon, 103 N. Y., 680 ; 3 N. Y. State Rep., 642, disposes of the questions involved in this appeal in favor of the appellant.

The order should be reversed, with ten dollars costs and disbursements, and the motion granted.

Daniels and Brady, JJ., concur.