In re the Probate of the Will of Faden

Moss, J. (Justice of Supreme Court as Acting Surrogate).

The proponent moves for an order directing the respondent,. Isidore Faden, to furnish security for costs pursuant to section 282 of the Surrogate’s Court Act, on the ground that he is a nonresident. The respondent opposes the motion on the ground that: ‘‘ An examination of the records of this court will reveal that the said Isidore Faden merely filed a notice of appearance herein. He filed no answer ”.

*413The proponent alleges that his attorney was served with a copy of respondent’s objections to the propounded instrument. The records,…