, 1864-05-05
C0uH1Y JUDGE CONVENTION.
Defects of the Present Probate Law and Comfy
Court Praetiee-Resolntlon Touching
Amendment and the Seeuring Of
Uniformity Throughout
the State.


The Convention Of County Judges, to eons1d.r
whEt steps ebould be taken to amend the existing
probate law, md to eecure uniformity Of County
Court Practice throughout the State, re-assembled
In the County Court room yesterday morning. Hon
An.ou S. Miller. the President, called the Conveu-
The County Judges present were: E B. Parker,
Adamf; Samuel n Knox, Bureau; J.. O. Cunning
han Gha%gagn sa9fs bFade r Ge, cg9k 3D.
Samuel L. N1niams. Higuois; P. 4 Leland. La
Sale; A. ]. Aer1iman, Mclean: F1reh A Bo2ue.
Fost heg5s Ggs ssgs psn
Warren; Aueon s. Miller, Winnebago: VIM. Don
Maue, TazeWell; Samuel R. Hail. Edwards; Chris
TOPPER c: Teate. Whiteside.
the invention to conclusion, after the ample
discussion Of Tucsday upon all the topics cootem.
plated in the proposed reform Of the prebste law
and County Court practice, and submitted that the
rtadiest way OF doing was the adoption Of series
Of resolutions affecting the different reforms to be
dealt with He concluded By moving, " That the
Convention take up no matter to-day unless sub
mitted IN the shane Of reaolntioh and a vote be
come to thereon" The motion was adopted and
the following eeries Of resolutions we're submitted
Moved By Judge Eradweu, and carried:
'sTbat it IL the opinion or this Convention that
county courts should have concurrent 5urisdietion
With he circuit e9nrs II 1he partition IT. f lands Ct Ct
dover In NIL cases and in the sale Of lands oFtnsane
pesaonf, upon the petition Of conservato.a."
.sThat ;i' The oninion Of this Convention the
county court judge has legal right to increase Of
leepcn the widows allowance, reported by the ap-
prsiser equity OF the condition Of the family re-
JuGee Eradwen offered as a substitute for the
proposition ofJndsc Bonse:
~ That the county courts Of this State have the
power to remove appraisers when they make q
f.ulnllt or improper appraisement, but that the
courts have no power to change appEalscments cx-
ctpt to refuse to approve them and remove the ap-
The substitute upon being submitted to the
meeting was accepted and the original resolution
Moved BY Judge Porter, Of Warren. and carried
.hat in The opinion Of this Convention, Section !.
chapter SC, Revised Statutcs, entitled COSTS y
fho Ie bouds d. for costs IN he County coa4 as wei -
In The Circuit and Supreme Courts of this State.
Moved by Judge Leland, That further legislation
I.ne t. en o1e he
United statea, ard aleo where thsy have; tn ths
eshs h TS Pss Psouon .s
carried without discussion. -,--,
Judge Fo!le, proposed the following: Inat 1n
The opinion Of this Convention the Surviving patt
vtnfory ofA1l the effects belonging to the firm, a0u
give bond for the faithful discharge duties in
ihe est'ls1nsnt Of the affairs olsad M firm: .,,;.
and that In the Eursivlng partner refnses to
give tuch bond that the ndmin1st:1sor be author
lztd to take possession OF the partnership prop
The proposed addition was subsequently with
drawn and the original resolution adopted.
Judge 1soeue submitted the sto!1uw.ng-
As1hht with a widow elects to take nader the
will, che h. not entitled to IN allowance"
The resolution wcs lost BY a tie Eote.
Jrdce BEadwcl proposed the following reso!n-
.That in the opinion Of this Convention under
oaI O.. stale !aw, ne*no may "a be appointed an nd
Aflera long discussion In which many member.
oppressed en opinion that political significance
might be hltnched to the resolution when the legal
9Gseston was only meant to be dealt With. the
convention come to a vote and the motion Was
oHaed With one diesent!eut only.
.1rd W. ~tp Proposed by 5udge Cunningham, and car-
d,n.n nSt n the opinion Of this Convention guas-
tory, md To- aca M ssa1ld BY law to make an inven.
tin .aid srardians shaIl renort tbs iene4h O?
erbeo Se cser'nE the year bis wards have attended
Judge Williama moved
1 That II is received M N.
seniion Tint no,ice OF twrnfv Gass pt tnis Con
| f@nueat;on @ IN one newepapef an1 ~ ~ E'Sa Ey "
| .vast CooI, before any account nf ~ Hue Nuns
instrumentation n Or guardian be ntmstte1 ~ Nesulot, ~
~ ~ PC hlcd on or before The fhiea ts.s ~.
en In The matter except to te; Il fp no &C
Tgy ~ tne next Term mentioned in ancT ,,a;,n ny
1ne nollon &ak carried iustanter AoA'ce'
.uGse CnLn1nchnr submitted the fonc.,n.
aTEai IT, ~S,eh pr, %,s %as subsequently, withdrawn
r,n, ~ r. ~. .aR sacold b 70 amended as to rvr
GEMS assins es,a,s original Jurisdiction 81 nii
tnGFe Porter proposed the following.
| nat IN TIC opinion OF this Convention ~. .
RI onla .l!1'F en- administrator when mi ntsa~'
"aSt incTrtfe; IN ahe estate On Which he adminia
ttr', ti'an IN bus commission. to be cxamin.I "a