In re Ries — 155 N.Y.S. 1136

Majority

p. 1136

In re RIES.

(Supreme Court, Appellate Division, Second Department.

October 15, 1915.)

Headnote

In the matter of the application of Charles Ries and Aunna M. H. Hueg, as creditors of Catherine A. O, C. Rehfeldt.

The surrogate’s right and duty to bring in an interested party who has not been named in the original citation is in furtherance of equity. Matter of Ibert, 48 App. Div. 510 , 62 N. Y. Supp. 1051 . No ground is disclosed to review or modify this exercise of. the surrogate’s powers. The petition was also in proper form. "Where the applicants reside out of the county, and.the matters are peculiarly within the attorney’s knowledge, the attorney may properly Verify -such, a petition. Mporehouse v. Hutchinson, 2 Qemárest, 429. The surrogate’s order permitting an amendment and the issue of a supplemental Citation to bring in

p. 1137

the mortgagee was therefore right. Order of the Surrogate’s Court of Queens County affirmed, with $10 costs and disbursements.