New York Court of Appeals

Henry Kearney, Appellant v. Matthew McKeon, Respondents

April 19, 188185 N.Y. 136

Summary

The Court of Appeals affirmed the lower courts, holding that the surrogate had jurisdiction to order a reference to a referee, that the executor's claim was void under the statute of frauds, that costs may be awarded against the executor to counsel under the 1870 act, and that the surrogate's allowance of referee's fees cannot be reviewed absent a proper motion.