The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-08-23
THE PROBATE JUDGE.

THE PROBATE JUDGE.
Tho Omce Reviewed from n Legal,
Economic and Administrative Point.
To the Editor of the Banner DEAR
SIR AN article in last weeks Reform
er, touching the office of Probate Judge,
has induced the undersigned to address
10 you these lines with the hope of ad-
vancing the cause of truth and justice
and the best interests of those who have
or may have business with that Office.
LIST. A very liberal share of the "polit-
ical pap" has been fed to the Reformer
which heretofore as now has opposed
Judge Sibley's election.
I'd. There are not a good many citizens
of this shire fully competent to admins.
ter the affairs of the office" The num-
Der is strictly limited to parsons who
have presided or been accustomed TO
practice in the court.
Sd. The rank and file Of the Republi
can voters do not "believe that Judge
Sibley has outlived his usefulness in the
Probate office" but on the contrary he
was unanimously re-nominatej at Ar
lington, against his request publicly an
nounced in the Bennington caucus for
the selection of delegates to the Repub-
lican County Convention The office has
sought the man and not the man the
office, although his defeat at the polls
would be a deep humiliation to one Of
his just pride and dignity of character,
the Withholding of a well earned reward
for an able and faithful administration,
a burning shame to those who were in
90. A ,gt
his wishes, and public calamity.
4th. He has not practiced appointing
professional administrators and as
signees. The facts CLEANED from a per
sonal examination of the records show !:
Since Judge Sibley entered upon his
present term of office, Dec. /, 1885, he
has granted administration upon fifty
seven estates, of deceased persons, Of
this number administration has been
granted to the executors named in the
wills of nineteen deceased persons; in
thirty-eight estates administration has
been granted to thIrty-four different
persons, and i'll no instance has the ad-
ministration of more than two estates
been granted to the same person.
Since Dec, /, 1886, Judge Sibley has
appointed assignees of five insolvent es
tates only, of three of which the same
person has been appointed assignee, and
in the other two other
persons have been appointed, and
in each insolvent estate the assignee ap-
pointed has been elected by vote of the
creditors.
In both d, ceased and insolvent per-
sons estates, the law provides that the
persons interested may designate the
person who shall administer unless the
person so designated is shown to the
court 10 be incompetent or unsuitable,
and the refusal of the court to appoint
the person 80 designated is the subject
Of appeal to the county court.
9th. The Reformer says 1T is a mat.
ter of notoriety that more than one es-
tate in this shire has been robbed"
Whether this statement is intended as a
direct charge, a mean insinuation, or
whatever purpose it is intended to sub
serve, it is directly refuted four lines be.
low by the statement: Judge Sibley is
honest and competent to administer the
Probate Office"
9th. What Judge Slbley's course as a
citizen has been with reference to the
monument road" or the post office"
the writer is not Informed, but whatever
it has been, it certainly has brought no
reproach upon his administration of his
Office as Judge and this method of ap-
pealing to personal prejudice to gain a
political advantage is worthy the con
tempt of all good citizens who in exer
cising TIE right of suffrage would rather
promote the common veal than follow
the dictation Of personal pique.
It'll. The statement that sit is nom
sense to suppose that the Probate Judge
is often called upon to decide questions
of law. In ninety-nine cases out of a
hundred he has simply to decide ques-
tions OF fact" is grounded either in
dense ignorance or wicked malice; the
converse of the proposition would be
much nearer the truth.
No more important and difficult ques
tions of law arise in any court under our
system of Jurisprudence than frequently
arise in our court of probate and insol-
vency. The court of probate from "time
whereof the memory Of man runntth
not to the contrary" has been styled has
been in fact, and is the widows and or
phans' court. Decisions Of great import
ance to these unfortuuates and to others
are often made e. pdrte in this court.
upon the suggestion and argument only
Of the party seeking judgment in his
own favor, the adverse party trusting
the determination of his rights to the
wisdom and integrity Of the court,
1t would be far less dangerous to call
a citizen not specially learned and expe.
rienced in the law to preside over our
county court where the amount and
value of property and property rights
settled and determined is not 1.-THE Of
that which is settled and determined in
the probate court, and where both par
ties can exercise the right of trial by
jury, and are almost invariably fully
heard by learned and able counsel.
9Th. Hon. Edward Livingston Sibley
received his early education, of a judi
cial character, as Register OF the Court
under his father, the Hon. Tarrant Sib.
ley as Judge, (than whom we have never
had more able, honorable and faithful
judge commencing Dec. /, 1876, and
has had a continuous employment in the
office, as Register and Judge from that
day to this, and unless some more sub.
stantial charges can be made by persons
who have enough courage mingled with
their patriotism to give their names to
the public, let us not render an adverse
decision on hearsay evidence, but con-
tinue to avail ourselves of his ripe expe.
rience.
And indeed would 1t not be more hu.
name to cheer the evening of life for the
venerable father who has rounded out a
well spent career in the faithful service Of
bis fellows, rather than cast a shadow
and gloom by following the revengeful
impulses appealed to by the Reformer.
Respectfully,
w. b. SHELDON,
Bennington, Aug. %, 1888.
The British American Citizen. the or