Steele v. Queen

The opinion of the court was delivered by

Fort, J.

This is an application for a mandamus to the surrogate of Hunterdon county to direct him to make the necessary certificates, required by the act of congress, for the exemplification of the record of the probate of a will by thq surrogate of that county. That the will in question was probated by the surrogate of that county and that-the probate proceedings thereon and a copy of the probated will are of record in his office is admitted.

He refuses to make the necessary certificates on two grounds:

First. That the surrogate is'not a judge, and does…