Blankman v. McQueen

Witness—Transactions with Decedent. On a reference of a claim against the estate of an intestate, disputed by the administrator, it is not an objection to answers of a witness, on redirect examination, that they relate to personal transactions with the deceased, and that the witness is interested in the event, where, on cross-examination, the witness was questioned on the same subject by the counsel for the administrator.

Appeal from special term, New York county. Claim by Benjamin Blankman against the estate of Alfred G-. McQueen, deceased, presented to John McQueen, as administrator of said estate, and referred under Rev. St. H. Y. pt. 2, c. 6, art. 2, § 36, providing for. the reference of any claim so presented, “if the executor or administrator doubt the justice” of the claim. At the hearing before the referee, a witness, Sarah J. Pandjiris, who had also presented a claim against the estate, which had been referred, by the same order of reference, to the same referee, was permitted, on her redirect examination, to testify to certain matters, against the objection of the administrator on the ground that she was a party or person interested in the proceeding, and that such matters involved personal transactions with the deceased. The referee reported in favor of the claimant. The administrator moved, on a case containing exceptions, for a new trial, which was denied; and he appeals from the order denying his motion for anew trial.