In re Cooper
New York Supreme Court
SUFFERS moved to set aside the proceedings before the Surrogate of Rockland county, as to the admeasurement °f dower, under the acts concerning dower, and the act supplementary thereto, (l N. R. L. 56. 60- 61. sess. 10. ch. 168.) Notice of the motion had been served on the widow, which stated the several grounds on which the application was to be made ; some of these were, that the proceedings before the Surrogate were ex parte, without any legal notice to the parties…
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SUFFERS moved to set aside the proceedings before the Surrogate of Rockland county, as to the admeasurement °f dower, under the acts concerning dower, and the act supplementary thereto, (l N. R. L. 56. 60- 61. sess. 10. ch. 168.) Notice of the motion had been served on the widow, which stated the several grounds on which the application was to be made ; some of these were, that the proceedings before the Surrogate were ex parte, without any legal notice to the parties interested in the land, of the application to the surrogate ; that no citation was issued by the Surrogate to the parties…
1Per curiam
The notice in this case was not sufficient. The application to the Surrogate is a legal proceeding, affecting the rights of the patties interested in the land, who ought, therefore, to be duly apprised of it. On general principle, the notice ought to be in writing, and the want of it is a fatal objection to these proceedings. The motion must be granted, but without costs, as it is not a case within the statute relative to costs.
Motion granted accordingly.
2Cited by4 opinions
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