Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1821-03-06
LAW OF ILLINOIS.

Sec. |. BE ii enacted by the fleohte Of
the state Of Illinois REPRESENTED in the
General assembly, That there shall be
established in each county of said state,
a court of record, to be styled The
Court of Probate," to be held at the seve-
ral seats of Justice of their respective
counties, the jurisdiction whereof shall
be extensive with the limits of the coun-
ty in which the Judges shall be respec-
lively appointed: the General Assem-
bly, at its present session, shall elect by
joint ballot some fit person for each coun-
ty in SAID state 10 be Judge of said court;
and the respective Judges OF Probate,
when SO elected, shall hold their office
during good behaviour.
Sec. Q. Be it further enacted, That
the said courts, in their respective coun-
ties shall have exclusive original Iuris
diction of all matters and things relative
to the proof of last wills and testaments,
the granting of letters of administration,
and letters testamentary the settlement
of all estates of which any person has or
may die seised, and of all matters rea-
tive thereto which are undetermined III
the several county commissioners courts,
the distribution thereof, and the settle
ment of all estates which were not settled
under the authority of the late territorial
government of Illinois, and yet remain
unsettled, except such estates, as any
of the circuit courts have or may before
This act takes effect, be called upon by
bill to settle.
Sec. 8. Be it further enacted, That
The said court shall sit on the first and
third Mondays in every month, and at
such other times as extraordinary cir
cumstances may require, and continue
open until all the business shall be gone
through-That said court shall have
seal, and may issue all necessary pro-
cess, under the iiand and seal of the
Judge; and all process shall bear date
when issued--the said judge shall re-
cord all his proceedings at length, in a
book or books, by him, for that purpose
furnished; for all~necessary books, so
furnished, the respective county COM
missioners' courts shall allow the said
judge reasonable compensation 10 be
paid out of the county treasury.
Sec. 4. Be it further enacted, That
the respective Judges of Probate are
hereby vested with all powers and capa-
cities relative to wills, administrations
and estates, with which the county COM
missioners' courts are now vested.
Sec. S. Be it further enacted, That
any person or persons, interested, may
contest any will, but in all such cases
all persons interested, shall have notice
by summons, at least twenty days, before
ehe day assigned for trial. The time of
settling all estates if above the value OF
three hundred dollars, shall be adver-
tised in the nearest newspaper, at least
four weeks prior to such settlement; if
not exceeding three hundred dollars,
then notice of such settlement shall be
given by vertisement on the court
house door, the like numoer of weeks.
Sec. 6. Be it further enacted. That
all matters of fact and law shall be de-
termined by said court, and in all cases
an appeal or writ of error, SO as to re-
move both law and fact, shall be, to the
circuit court of the county, to be prose-
cuted in the same manner as appeals
and writs of error are prosecuted from
the decisions of the circuit court; and
writs of error and appeals, in all cases,
shall be from the circuit to the supreme
court as in other cases.
Sec. 7. Be it further enacted, That
when any Judge of Probate shall die, re-
sign, refuse to qualify, be removed from
office, or the Office shall be otherwise va
Gated during the recess of the General
Assembly, the Governor shall commits
sion some fit person, to fill such vacan-
cy; and the person SO commissioned
shall continue in office until the end of
On, next session of the General Assem-
bly,.
Sec. 8. Be it further enacted, That
each of said judges before he enters on
the duties assigned by this act, shall take
an oath to support the Constitution OF
the United States, and Of this state, and
an oath of Office, to be administered by
the clerk of the circuit court, and copy
thereof by said clerk transmitted to the
secretary Of state, and by him carefully
filed.
Sec. 9. Be it further enacted, That
the said judges, shall be respectively en-,
titled to the same fees that the clerks OF