Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-07-03
\ COURT.
Its Organic taw---candldates and People
viii Read.
AN ACT to establish The Probate Court

An ACT TO establish the Probate Court Of
Shelby county.
SEC. i. Be il enacted by tae General As
seBtbky of the State Of Tennessee, That there
is hereby established in Shelby county a
Court of record, to be called "The Probate
Court of Shelby county," TO consist OF
one Judge, who shall he elected by the
qualified voters Of Shelby county, on the
first Thursday in August, 1870. The
qualifications and terms of Office of the
said Judge shall be the same as nov pre-
scribed by law, in reference to Circuit
Judges in this State.
SIC. 2. Be 10 further enacted, That said
Court shall nave original jurisdiction of
all matters OF probate, the administration
of estates and orphans business, embra-
cling all of the subjects and powers emu
merated in, and conferred by, sections
4201, 1908, 4204, 1905, and 420S, of the code
of Tennessee, and concurrent jurisdiction
with the ChSncery Courts of Shelby
county over the persons, estates of
idiots, lunatics aud other persons
of unsound mind; mt proceedings
for the partition OF sale of estates,
by personal representatives, guardians,
heirs or tenants in common joint owners
or coparceners for sale of lands at the in
stance of the creditors of the decedent, if
the personal property is insufficient to
satisfy the debts of the estate; and for
the allotment of dover; and it is hereby
vested with all the powers of a Chancery
Court touching these matters. The Judge
of said Probate Court is also hereby
vested with all the powers conferred by
law upon Judges of inferior courts in this
State. From the judgement of said Pro-
bate Court an appeal shall lie directly to
the Supreme Court of this State, and to
no other.
Sec. 3. Be it further enacted, That the
Clerk of the County Court of Shelby
county shall be the Clerk of the said Pro-
bate Court.
Sec. 4. Be It further enacted, That the
terms of said Probate Court shall be held
on the first Monday of each and every
month, and shall continue until the bust
ness of the term is finished; but
the Judge, or the Clerk in his
absence, may adjourn the Court
over TO a subsequent day of the
term; and the said court may sit upon its
own adjOurnments. The sheriff of Shelby
county shall furnish a deputy TO attend
the sittings of said court.
Sec. 8. Be 1t further enacted, That the
records of the late County Court of
Shelby county, and of the present Quorum
Court of said county, be and the same are
hereby transferred to the said Probate
Court, and all the unfinished business
shoAOAh Shah 10 pIOCCcnOu WIN as II buo
same had originated in said Probate Court,
and all process and publication, return
able to either of said courts, shall be as
valid as If returnable to either of said
courts, shall be as valid as if returnable
to, or made in said Probate Court.
Sec. 8. Be IL further enacted, That the
salary of the said judge of said Probate
Court shall be the same as that of the
Chancellors and Circuit Judges of Shelby
county: Provided, That the same shall
be paid by the county of Shelby; and it IS
hereby made the duty OF said County
Court to make the necessary appropria-
ton thereafter.
See. z. Be 10 further enacted, That this
act shall take effect from and after its
passage, the public welfare requiring it,
but the Quorum Court of said county
shall continue to exercise the jurisdiction
with which it is vested by law, until the
Judge of said Probate Court shall be
elected and qualified.
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