Estate of Wheeler

Citations

• 2 Coffey 32

Syllabus

<p>Reference of Claim—Objection to Evidence.—Assuming that section 1880, Code of Civil Procedure, applies to the ease of a referred claim against a decedent’s estate, yet unless the objection to the claimant’s evidence is taken before the referee, it cannot be urged afterward.</p> <p>Reference of Claim—Sufficiency of Evidence.—Where a claim presented against a decedent’s estate is, by stipulation of the executor and claimant, referred to a designated person “to ascertain its accuracy and report the same,’’ and, upon the reference, the referee is notified by the executor that he has no testimony to offer and does not desire to be present at the examination, and the claim is fully substantiated by the oral testimony of the claimant, and bills and memoranda, and witnesses in corroboration of his evidence, an objection to the referee’s report on the ground that the claimant’s evidence was inadmissible under section 1880, Code of Civil Procedure, cannot be sustained.</p>