148 N.Y.S. 952 | N.Y. App. Div. | 1914
The administratrix of the estate of John W. Carrington, deceased, appeals from an order of the Surrogate’s Court of Suffolk county, allowing the claim of the respondent against the estate of her intestate to the amount of $1,646.59, for board and lodging from April 1, 1901, to April 1, 1910, 468 weeks, at $7 per week, $3,276, and for money loaned him between September 17, 1896, and November 15, 1911, amounting to $347.50, and for money advanced to the estate after the death of said intestate, $19.10, amounting in all to $3,642.60 with interest. The surrogate disallowed so much of the claim as was represented by the items prior to November 30, 1905, which he held barred by the Statute of Limitations. As the order must be reversed because of rulings of the learned surrogate in the admission of evidence, an examination of facts involving the disputed account for board will not be made at this time.
The claimant was sworn as a witness in his own behalf and produced seventeen checks with their stubs, which he claimed were evidence of the loans made to the deceased. He was allowed to testify, over the appellant’s objection that such testimony was incompetent under the provisions of section 829 of the Code, as to each check, that he made it, that it was indorsed by JohnW. Carrington, the deceased, and that it was paid. The witness was also shown each stub and permitted to read the same into the record over appellant’s objection
The order and findings of the Surrogate’s Court of Suffolk county should be reversed, with costs to the appellant, and the matter remitted to said court for further proceedings.
Jenics, P. J., Burr, Carr and Putnam, JJ., concurred.
Order and findings of the Surrogate’s Court of Suffolk county reversed, with costs to the appellant, and matter remitted to said court for further proceedings.