The New York herald., 1879-12-14

pertaining to estates a. resort must be made to Q
court with general equity powers TO accomplish
the result; but confer sucn general jurisdiction
would materially change present judicial sys-
TEN, and should hesitate TO advise such change;
but the act procured to DC passed last winter
mate distribution without infringing upon the
necessary prerogatives of the Supreme Court.
REpoRTER--Are there any suggestions which You
can make as to the workings of your court or the
laws under which ii is governed. which. il adopted.
. you TO o.
SuRRoaArE-The act procured to be passed last
winter would. II 1t had become law in my opinion.
have greatly facilitated the despatch of business in
the Surrogate's Office and subserved the rights of
those interested in estates In BRIEF that pro-
might. consider and pass upon the petitions and
proofs for the issuing OF letters testanentary, Of
administrations aud guardianship in cases where
no contests occurred and issue such letters
Second--That the Surrogate might consider
ana pass upon the true construction of
wills when necessary for final distribution.
the absence of such power having greatly
such distribution. in order that parties might pro-
cure snch construction in the Supreme Court
Third-That the Surrogate might send certain will
contests the Court of Common Pleas for trial by
jury. Notwithstanding allowances to unsuccess-
ful contestants. as above stated Fifth-For ade-
quate security on appeal from decrees and ORDERS
directing the payment OF money &C., the present
500 security. sixth-Authorty to direct the
mortgaging or leasing Of real estate, to pay
brances. in order to avoid sacrifice bv compul-
sorry SALE Seventh-To appoint referees to pass
upon disputed claims on consent of the respective
parties. the Court OF Appeals holding that under the
present statute consent would not confer jurisdic
ton. Notwithstanding for reduced securities by
administrators guardians on the deposit of the
estate securities under the order OF the Surrogate
and also to issuing restricted letters modified
curity. Ninth-Authorizing parties interested to
object to and contest the accounts Of executors ad
mlnistrators. guardians and trustees. though the
petition shall pray only for such accounting;
the old Court OF Chancery having held that under
the present law, there was power to contest or
examine to the correctness Of account in such
eases your question tn seems to imply that the
county is unusually delayed. This is an error.
investigation will show that there Is no court Of
record in this city wherein the work is well up
in this court, Notwithstanding the immense amount
OF and the great demand upon the the Sur
usually Important and long contested will cases.
NO sINEcURR.
REpoRrER-How many hours day are devoted by
you your official duties. and the hearing OF what
matters are necessarily delegated to referees. and
why are they so referred?
SURRoaATE-Since my entrance upon the duties of
this office have devoted average about nine
hours per day to the discharge of my official duties.
All issues OF fact except upon probate are neces-
sarily referred to take the testimony and report.
subject to confirmation. for the that the SUR
rogae's other duties are so numerous and pressing
that he cannot the time necessary to the taking
of such testimony besides such references are often
more convenient to counsel and ltigants.
business in YOUR court If YOU d,d not accomnany Nv
most of your decisions with written opiniors?
suRRoeATE--Undoubtedly it would; but Judicial
officer cannot conscientiously satisfactorily de-
eide until he has acquired clear understand.
ing Of the facts and the law applicable thereto In
deed, such an application OF the law in stating the
for the decisions often shows that first i'm
pressions wholly erroneous besides parties and
their counsel when beaten always desire to know the
which induced the decision, and those rea-
often valuable in determining the propriety
of appeal. Moreover, it mas seemed to not be
unworthy ambition to leave some well considered
opinions, properly reported. for the benefit Of the
profession. When / entered upon tho duties Of
my Office found that there had been no entry of
"a fl0rotOfOre kent SurrOVafa w
the respective estates for period of three years.
and the only mode of ascertanng the amount Of
trust funds in hand or invested to examine the
respective bank books ana the several securities
hand there being list OF the LATTER some of which
largely in arrear for interest and insurauces
had expired, and taxes were unpaid and several Of
which on foreclosure proved to be inadequate
ity, resulting in considerable deficiencies; but this
condition OF things Immediately corrected, and
accounts written up and balanced and since then
all entries have been promptly made full and
particular list OF all securities has been made with
a statement of the amount of insurance. when to
expire, when renewed. when interest will fall due
and when paid, and attention has been given the
subject of prompt payment OF taxes The record
ing of regular wills was in arrear eleven
months. reduced to less than two; the recording
been brought up to date. Minutes orders. &c.,
were unrecorded for four years. and have been
counting were unrecorded for five years. aud have
been brought up to about one year. But the
condition OF the recoros papers deposited in the
Office was most deplorable and disgraceul; bushels
OF valuable papers were found lying under desks
and tables upon the floor in utter confusion.
making necessary searches expensive. inconvenent,
dilatory and vexatious All this has been corrected
These papers have been assorted, arranged and
labelled, put in due order and ndexed. embracing
period from 1726 present date. and requiring the
examination OF upward Of o hundred thousand doc
uments. Where formerly search often occupied
weeks and sometimes proved utterly futile
1t. may now be made In o few hours.
These few of the improvements
that have been made in the Surrogate's offce cacu-
lated to preserve valuable documents and subserve
the convenience of the public. and all in spite OF
limited space and materially reduced appropriation.
On my application the Board of Apporiionment has
kindly devoted 81 800 to enable to employ suit.
able law clerk to assist in the disposition Of cases,
which will materially aid in the despatch Of bust
ness The Board of Aldermen has been pleased.
ON my application, to assign to this Court the
hrst and second floors of the new addition to
the Court House, which will afford ample,
venient and wholesome court room, and permit the
OF the records from their present made
Quate and cramped quarters to the present court
room, which will be ample and convenient and afford
suitable opportunity for holding references without
the current business of the office. /
might speak of other improvements and legislation
procured to promote orderly and efficient admins
traton of the Surrogates office; but enough has
been said it is hoped to apprise people of tho
Importance of this department to them and to
their interest in its faithful aud efficient xdmnstra-
ton.