In re the Probate of the Last Will & Testament of Wright
Appellate Division of the Supreme Court of the State of New York
Appeal by David J. Wright, petitioner, from an order of the Surrogate’s Court of the county of Monroe, entered in the office of said Surrogate’s Court on the 25th day of March,' 1918, holding that the citation herein was not properly served upon an infant party.
1Opinion of the CourtMerrell, J.
The facts are, briefly, as follows: On the 11th day of February, 1918, an order of publication was made by *267the Surrogate’s Court of Monroe county directing the service of the citation in said proceeding upon the above-named infant by publication in two newspapers. The affidavit of service shows that a copy of the citation was duly mailed to said infant and to her father on February 14, 1918. The first publication took place on February 15, 1918. The citation was made returnable on March 11, 1918, just twenty-eight days after it was issued. The first publication and mailing were, however,…
2Cases cited10 opinions
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Sheldon v. WrightNew York Supreme Court · 1849
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
- Olcott v. . RobinsonNew York Court of Appeals · 1860
- Wood v. . KnappNew York Court of Appeals · 1885
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