Legal Opinion

In re Denton

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

Decided July 1, 1903PublishedCited by 2 opinions

Appeal by Amelia M. Valentine from an order of the Surrogate’s Gourt of Kings county, entered in said Surrogate’s Court on the 7th day of April, 1903, denying the appellant’s motion to dismiss the proceeding.

1Opinion of the Court

Woodward, J. :

The petitioner instituted this proceeding for the sale of .the real -estate of Henry E. Valentine, deceased, for the payment of his debts. Amelia M. Valentine, as an heir at law, appeared specially for the *360purpose of raising objection to the sufficiency of the service of the citation, which was made by publication, pursuant an order of the Surrogate’s Court. The publication is conceded to have been made properly and for a period of six weeks before the return day, and the question presented here is whether it was necessary that the full six weeks’ publication should have been…

2Cases cited2 opinions

  1. Karst v. . GaneNew York Court of Appeals · 1893
  2. Matter of Application, Etc., of MacAulayNew York Court of Appeals · 1884

3Cited by2 opinions

  1. In re the Probate of the Last Will & Testament of WrightAppellate Division of the Supreme Court of the State of New York · 1918
  2. Reed v. StoddardNew York Surrogate's Court · 1916

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