Legal Opinion

In re McGee

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1896PublishedCited by 1 opinion

Appeal by John J. McGee and others from an order of the Surrogate’s Court of the county of Kings, entered in said court on the 31st day of May, 1895, denying their motion to set aside the sale of certain real estate under a decree of the Surrogate’s Court.

1Opinion of the Court

Pratt, J.:

We do not think it can be said that the petition fails to state facts ■which give the surrogate jurisdiction of the proceeding. It is ■objected that a valuation of each distinct parcel of real estate is not given as required by section 2752 of the Code of Civil Procedure. We do not think the objection is well founded. The first parcel ■described consists of five lots of land, and the description shows that they lie together, forming one parcel, and the valuation thereof is *528given at about $4,000. That is sufficient. It is not required, that -the value of each lot be specified…

2Cases cited2 opinions

  1. Clapp v. . FullertonNew York Court of Appeals · 1866
  2. Evans v. SimsNew York Supreme Court · 1894

3Cited by1 opinion

  1. In re the Estate of GeorgiNew York Surrogate's Court · 1901

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