Swift v. Blair's
12 Wend. 278
N.Y. Sup. Ct.1835Check Treatment
An executor or administrator is not bound to arbitrate; he can only be asked to refer, in the manner prescribed by the statute. This motion, therefore, must be denied. When it is sought to subject an executor or administrator to costs, inasmuch as they must come out of his own pocket, if granted, for it is only for neglect of duty that he can be subjected to costs, the party asking for the rule must bring himself strictly within the statute.