New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-06
--------aa=-=s|a- a-H --==H -
THE COURTS.

COMMENTS BY SURROGATE CALVIN ON SOMR PUB
LIsHED sUGGEsrIoNs-FEEs FOR WORK DONE
FOR LARGE ESTATES.
A pamphlet has been printed and dlssrlD-
uted signed by A Lawyer and Taxpayer" IN which
sorne proposed reforms IN the administration Oh Tue
surrogate's Office in this CITY are uscuSse',
The writer thinks that the office should
be seltsustaiping; that instead of the
EXPENSES now being paid from tue public treasury
without any the persons prosecuting pro-
ceedugs there sufficient fees should ne charged III tue
cases estates OF considerable size 10 pay all sd
aries and other expenses 1t Is also proposed IN the
pamphlet that the Probate Clerk should act as special
0uariia for infants where wills are uncOntested, and
THAI charged therefor shoud 20 into the puoc
treasury; Also that the service OF citations shouu oe
paid for by regular fees and be made by STARRED supor
dnates. The data for the writer's CONCLUSIONS were
drawn i'll part the report made by Surrogate CaIVn
on January l. az to expenses his office during his
admins raton ami III part from other sources So'he
of the statements incOrrec such FOR instance as
the statement the surrogates salary was Sl3oOo
it is, III fact $4,000.
Surrogate Calvin was shown the pamphlet by a TRlB
UNE reporter recently. He read Ii over and then made
some interesting running comments upon first upon
the statement that nothing went from the Srrogates
o." into tie public treasury; that every expense was
pad by the county even TO tLe recording Oi Tie Wills VI
A. =. Stewart Commodore Nanderoilt.
"TIat Is nearly correct" said the surrogate. y lne
searcler ID the re,oriroUn. which amount to about
SOD year. aud those paid Nj. Burisel the Clerk
OF the Court, Tor cc,ti1ed copies Of records MI
Rursen Is the cDY subordinate In my ONCE VINO Is
pad fees and doubt If his ncOiuH from that source
is - 300 year. Whcn first cdHc Gpoh thIs behch II
seemed TO uIJ anomalous ana improper CONDITION u
affairs that with all the imuensc estates that were
passing through this Office they should not pay III any
asouahe par; the OF the juiical care Of them
drew I'D Il bill witch left all estates OF TlooO anu TESS
unburdeued 10y any taxation OF costs Ior adn4
lsratou or probate, Int which required I"aso'""'
lee for all WORK for lar-er estates, and in s"he
urcpottou 10 the siz. OF the estate. IL this mi Ead
n,c,mr a lawlt would not have been possible Tor Il
Contest Ike taat OF Commodore VanderOrs Will to oc
cipy 100 dISs t..c crowded calendar oil this court
Without that vast estate, either party, pay ng cent
of the expe.sr the county; hut II wound have been
required 10 bear proporonac part oi the cost Dn'
tine b! drew he:uie TOE Jurlary COMMITTEE ol
The Iccisla ure and never cane back still thiuk in
;Ae Il of ny subsequent c1p"Iirice. TIA the measure
f,a,I be wise one 10 ADOPT bdt 4 the Lc6,,ianle
wa lis, H. coarse cdm do = '!.g b1i me 'tS'
all .ud to.t at" pa0 INTO ,D;5 oil 30 hp' loIy
re.cA 5000 year. ,, ..,,o -, 10
here stated thar the clerks Hv"rNe to leaving Rus !"
pIr,,"- themselves S'V'iai 'rr%nF are mere A. nr
D. done ~ >cTv. tnr tH!Ors an mixing me returns
1Dry here dai cad he eayioyc1 ij any p'rHJu NJ"
CIoses to d. So; but uittr l. thtireN. with "a,
pa " rOt who can have tEe cHdIohs ''N'H ny
tc,e on. OF BY any pcfsluA |e- II - !, ihon,A
h.. tl >lllrcd cle.k should H. az olhct To do NE
" TX / vnuli have no objection. although 1t doesn't
seem 10 ne a very valuable su!;grst ton.
"A >,y-ie criticism attempted IL tbs payer upon me
Surrogate Tor appointing his elcr@s REFEREES IL !.
t mat tHcrc tat can Il" GsL par q
ucA more eXprGtiOusly ana cosC'iv,i. ~ Tag "H'r
III 4 outside, specially wIHr" the tieIh| ma De Nri}
familiar with the necessary stepS or vita thr cas-
themselves. and all records ~ hand nut meyer
s.,,,r fr>t a.-incj This Office have apim'nti Mt.
Npnr NJ lrsel any other clerk ~ rri"rre except
up-u - request of the parties oil hJ'H aiuts du the
uurE q! d NIIttrI stIpuidtUn 10 lhdl I'll ~.
Nb.Ic wis UEcUuteStcd. thl~ ~ ter d,Ns, WhI
sloLld Aut the Probate Cic!h act Is special SuiAn
and the lec- he returned u the tt'-! 4 Ntl'
lrl- are several compete 9H,wcIS 10 tH&i question:
In fr fir place the forbid. u, and cant appoint
In. Prone Clerk In The next plac" special guardian
j. vlo ncd any other craritn H. for srrchc ir-
10 certain duties when III r"ne Ill
stances are dIlcIit OntrUus. inc special 1uah
Is r,itu 70 hook after me Interest al the infant upon lac
probate OF the NI.I, an, II he thinks II a. cr'saII Au
proper, 10 hclIu contest 81 the WI: II t'Hh".'
N determined III Macy "IrlHr' courtesy
viii he h, cii uutl after the pccal guardian has hrr
There are sc eases, where tn" c-Ifr- IRE VEL SINAI
an ongIt not he taxed 90 pay Tor ne WORK 81 'lr'
,l y,rtial tuat would De- vel II had tue power 10
dn cc That they should he looked ate IN III ON " hui
II =. ot 20. O!s that with the ""iA tat SIR
u /. ria has upon Am, should Ind TIE imr P;"iciY
to cxlui!ne each Of tao w.I1 that ~ gut Dc
oi lnfanis under them; certainly he wonid
not nave the To attend the hearings blofc tH.
Court in cas- contests a. II Is me duty "l TIE sptcl'i
guardian the only reasonable provision nl th"l
sort would he the appointment oil 7dIdfIcu cIeIH va"
sn0ud devote himself 10 nothing else Gui The ttFy {"
person competent suCh work cOuld lot be puI at
less $1,000.
~ au always ready TO answer inquiries of this char
10 meet such criticisms s ie attempted mere
Nor nave any reason avoid the comparison OF TIE
costs litigation or OF any proceedings III ttIH court
with the costs OF proceedings III any Otrr court or De
partuIclt vi this city