The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1821-06-27
From the Esser Register Of June e3.]
Probate Court for Essex.

IOUdlG OOuII lOI ESSEX.
The following Report of the Committee ap-
pointed to consider the Memorial of joseph
Carlton and others, relative to the conduct
of the Judge and Register of Probate for
this County, was made to the House of
Representatives, on Wednesday, last week,
and accepted by the House.
COMMONWEALTH OF MASSACHUSETTS.
HOUSE OF REPRESENTATIVES,.
JUNE 12, 1921.
The committee 10 whom was referr-
ed the memorial of Joseph Carlton and
others, stating that Nathaniel Lord, Jun.
Esq. Register of Probate for the Coun-
ty of Essex, has demanded and taken
greater fees for services done in the
Probate Court for said County, than
the law allows and provides, and has re-
fused, when required, to make out
particular account of the services there
done, as the law directs-and that the
Hon. Daniel A. White, Esq. Judge of
said Court acquiesces therein by al
lowing the same in settlement with
those that pay such fees; and that both
the said Judge and Register have re-
fused TO give to applicants the necessa-
ny and requisite information, respecting
the settlement of estates, so that per-
sons transacting business in said Court
are obliged to be at great expense in
consulting Attornies, when it would 9TH
wise be unnecessary /; and praying that
some way may be provided to relieve
widows and orphans from such unjust
oppression, with power to send for
persons and papers-respectfully re-
port -
That after having examined such wit
nesses as were named by and on behalf
OF the memorialists, including a great
number of persons from different parts
of the County of Essex, they find the fol-
lowing statement of facts:-
That the business transacted in the
Probate Office, for said County, has
been conducted in very different man.
ner under the present Judge of Probate
and his immediate predecessor. While
the latter was Judge, smaller number
OF papers was required by him, and
fewer were directed to be issued, and
less was recorded, and the fees were
very much less. 1t appears that when
the present Judge came into office, he |
established and directed course of pro-
ceeding, that imposed much more duty
on the Register than bis predecessor
had done This course has been very
uniformly pursued ever since, except |
when it has been altered by statute
Your committee take the liberty to ex-
emplify this, by stating the course of
proceeding in taking out administration.
Judge Holten did not usually require an
application in writing from person, re-
questing administration. He did not
commonly issue an order OF notice to be |
given by persons taking administration.
But Judge White has in this, as in all
other cases of applications for business
to be done, required application to be
made in writing. The application sum-
marty states the decease of the person,
and the grounds on which the appIica-
ton is made, whether as Widow, next
of kin, or Creditor, and when it is
founded on neither of these, it is ac-
companied very frequently by request
in writing, from the Widow and next of
kin, that the person applying may be
appointed, on both of which the Judge
makes an order. He has uniformly also
issued an order that the Administrator
should notify all persons of his appoint
ment, and' directed in what manner it
should be published. These papers are
all ordered to be recorded, as well as
the letter of administration, warrant of
appraisement, and administration bond.
In the time of Judge Holten, it APP
pears that upon granting administration,
very little was recorded, and in general
far less Formally was used. In the
time of Judge Holten, the usual fee
for administration, when not contested,
was 81 so; after Judge White was APP
pointed, the usual fees in like cases, were
So so; and after the last Probate Law
ordered bonds to be approved and re-
corded, the fees were uniformly "a 80;
untilvery lately they were reduced to S4.
Your committee find, that the in
crease of fees has principally, if not
entirely, arisen from a great variety of
services not specified in the fee bill
but some of them expressly required
by different statutes, others by the SUI
preme Court adjudged to be necessary,
and, so far as your committee can find,
al &C fhnr, ucofpI