The notice in this case was not sufficient. The application to the Surrogate is a legal proceeding, affecting the rights of the patties interested in the land, who ought, therefore, to be duly apprised of it. On general principle, the notice ought to be in writing, and the want of it is a fatal objection to these proceedings. The motion must be granted, but without costs, as it is not a case within the statute relative to costs.
Motion granted accordingly.