
    New York County.
    Hon. D. G. ROLLINS, Surrogate.
    October, 1884.
    Koch v. Alker. In the matter of the estate of Thaddeus H. Lane, deceased.
    
    In a special proceeding, instituted under Code Civ. Pro., § 2717, to compel payment of an alleged claim against a decedent’s estate, an objection, properly interposed, whereby it is insisted that the demand is excessive in amount, necessitates a dismissal of the petition,—the issue so raised being one which the Surrogate’s court has no authority to determine.
    Petition by Joseph Koch to compel Henry Alker and another, administrators of decedent’s estate, to pay his claim. The facts appear sufficiently in the opinion.
    Joseph Koch, petitioner, in person.
    
    Henry Alker, for respondents.
    
   The Surrogate.

On the hearing of this application, the respondent’s counsel, while disavowing any purpose to question, in other respects, the claim of the petitioner, insisted that it was excessive in amount. If this objection shall be presented in the form of a verified answer, the claim must necessarily be treated as a disputed-one, and, as such, one which the Surrogate has no authority to determine. The respondent will be afforded an opportunity to interpose such a verified answer, embodying his objection to the petitioner’s claim.

In default of such answer, an order must be entered directing payment.  