The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-01-09
From 4. cinsisD.S e..ss...
Comm of prohate.


The new constitution OF Ohio, Cart. w.,
see.7. 81 provides for a coultof Probate in
each county, which shall be Court Of Rec.
ord, openat all times, having jurisdiction IN
probate and testamentaty matters, The a ap'
pcintment ot administrators and guardians
the settlement Of the accounts Of executors
administrators and guardians, and such juns-
diction In habeas corpus, tie issuing of mar
riaee licenses, and for the sple of lands BY
executors, administrators and guardians as
may be provided by law.
This is an important provision. The en-
TIRE jurisdiction Of matters relating to pro-
bate, guardianship, &C., is conferred upon a
Court established for the purpose in each
county. Many of the States have had sep
Arate Courts of the kind, under the name of
Eumogates, Orphans Court, &C., but in Ohio
this business has hitherto belonged to our
Courts Of Common Pleas. Every one knows
the Inconvenience of transacting probate
business In that Court. In its regular terms,
Its time is occupied with the matters, civil
and criminal, belonging 10 its general juris-
diciion. Applications relating to probate
matters must, therefore, almost of necessity
be brought to Its notice BY on attorney. In
the counties where two or three short terms
are heldin year, it often becomes necessa-
" in vacation 10 call together associate judg-
90 from distant parts Of the county, al nc
little trouble and expense, to appoint an ad.
ninistrator and approve his bond.
The change from this 10 Court having
jurisdiction OF probate and kindred matters
and none other, seems to US good one. The
Court will be sccessible at all times; not
thronged with adverse litigants and theil
retinues, but open for the disposal Of pro-
bate business, promptly on personal appli-
cation. This is quite as important to the
community 40 the contests more obstroper-
ously waged in the Courts OF general juris-
diction. 1t will demand not only knowl-
edge OF the law, and mode of procedure on
the part of the Judge, but patient and care
fal attention, vigilance and discretion.
Notthe least of the benefits ofthe change,
In our opinion, is that the intervention OF
lawyers in this business will be generally
dispensed with. The Judge, familiar with
the requirements Of the law, will be able to
advise parties as to the performance of their
general duties, and 10 render them precisely
the aid which they need. Under the new
system, we believe estates will be settled
with far less expense, trouble and delay
The accounts of Administrators and guardi-
ans can be examined, scrutinized and adus.
ted more promptly and efficiently than un-
der the present =
The records Of Probate Courts will require
care on the part OF the Judge who is obliged
to keep them, but there can hardly be more
liability to omission or irregularity than ex.
lists In the present s. stem. An enumenti tion
of the cases within the knowledge of any
lawyer where titles have been questioned or
litiga.ed by reason Of technical or other in
formalities in the proceedings of admins
traitors, &c., would show the importance OF
knowledge and care on the partoi the Court
which direct such proceedings. On the
other hand as the judicial duties of Probate
Judge are limited to two or three classes OF
matters, they may be performed with such
system, accuracy and exactness as TO give
confidence to the community in the admin
istration Of estates, and to prevent many oil
those irregularities which have been pro-
liicsource Of mischief and litigation.