4 Wend. 195
Decided May 15, 1830
New York Supreme Court · decided 1830-05-15
Motion to set aside report of admeasurers of dower, appointed by a surrogate on the petition of a widow to have her dower assigned in the estate of her deceased husband. Various objections were urged to the report; amongst others, that the commissioner before whom two of the admeasurers were sworn, was the attorney of the widow in the proceeding before the surrogate.
Decided 1830-05-15
¶1By the Court,
¶2Had the fact been established that the commissioner before whom two of the commissioners were sworn was the attorney of the widow, the objection would not have been sustained. It has been held that an affidavit taken before the attorney in a cause cannot be read on a motion made in court; but we feel no disposi* tion to extend the rule. In this case, however, the fact is denied. The motion is denied.