In re Koch's Will
New York Surrogate's Court
Proceedings for the probate of the will of John Casper Koch, deceased. Code Civil Proc. N. Y. §§440, 2524, areas follows: “Sec. 440. The order may made by a judge of the court, or the county judge of the county where the •action is triable.
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Proceedings for the probate of the will of John Casper Koch, deceased. Code Civil Proc. N. Y. §§440, 2524, areas follows: “Sec. 440. The order may made by a judge of the court, or the county judge of the county where the •action is triable. It must direct that the service of the summons upon the •defendant named or described in the order be made by publication thereof in two newspapers, designated in the order as most likely to give notice to the -defendant, for a specified time, which the judge deems reasonable, not less than once a week for six successive weeks; or, at the option of the…
1Opinion of the Court
Abbott, S.
Under the provisions of the Code of Civil Procedure, sections 440, 441, 787, in reference to the service of summons by publication, such ¡service is not complete until the expiration of at least six full weeks from the time of the first publication. Market Nat. Bank v. Pacific Nat. Bank, 89 N. Y. 397. The process designated as a citation in the surrogate’s court corresponds exactly to the summons in other courts, and section 2532 prescribes that the proofs of service of both processes must be made in the same manner. Section 2524 was undoubtedly intended to correspond to section…
2Cases cited1 opinion
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
3Cited by2 opinions
- Gray v. Journal of Finance Publishing Co.New York Court of Common Pleas · 1893
- Reed v. StoddardNew York Surrogate's Court · 1916