Rathbun v. Miller
New York Supreme Court
CRARY, for the defendant, moved to set aside the admeasurement of dower, made by the surrogate of Washington, in this case.
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CRARY, for the defendant, moved to set aside the admeasurement of dower, made by the surrogate of Washington, in this case. The motion was brought on pursuant to a written notice from Miller to Rathbun,- stating, that conceiving himself aggrieved by the proceedings of the surrogate, under the act relative to dower, passed April 7th, (29th sess. c. 158. vol. 4. 616.) supp¡emcntary t0 t}ie act passed the 26th “ January, 1787, he gave notice of the causes of complaint as follows : 1- That the proceedings, before the surrogate, were ex' parte, and without any notice of any application to him for…
1Per curiam
This motion, to set aside the admeasurement of dower, is made under the act of the 29th sess. c. 168. by which this court is authorized to review the proceedings had under the order of the surrogate, and to do therein what shall be just.' The causes of" complaint, stated in the notice to the widow, are, 1. That the proceedings were ex parte, and without any notice of the application to the surrogate; 2. That the admeasurement was unequal and unjust. The appeal is made' in due time, and upon the requisite notice; and, without questioning the merits of the admeasurement, the court' are of…
2Cited by3 opinions
- Harris v. SturdivantSupreme Judicial Court of Maine · 1849
- Low, Taylor & Co. v. GoldsmithChatham Superior Court, Ga. · 1830
- Stewart v. SmithNew York Supreme Court · 1863