New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-05
,AST HEARING COMPLETED
WILLOWS COMMITTEE RECEIVES sUG-
81 crsrroNs AS TO REFORMS
.swyERs SUBMIT BRIEFS TELLING OF CHANGES
Fpr WHICH THEY THINK THE WORK OF
ruE sUaRoGATEs OFFICE WOULD
BE IMPROVED.

Nh BE IMPROVED.
firno ,our,h ard final hearing OF the Falows Com
Nk,,ee appo.n,cA by the Legislature to investigate
!. Re surrogates Office in this county was hei! YES
II s,rdav morning IN the Trial Term OF the Surro-
nte's Court The principal object OF the nea''ns
\ eas get the opinion OF members % .,e "a ,ha
reforms 20 be suggested 10 the Legislature IN 'ne
I rrnni.,ec's report. which must be made with rec
4 snreuda,ions a. remedial legislation by the lo'h
Z 81 the present month.
Il, Mt Fallows ard Gherardi Davis arrived al l"'"o
I bolock. and others arrived later. MY Jessup
hailed TO the and John keenan, ransIeF '@N M
= ,he su-roga;e's Office. He was asked ABOUT MS
L.,ec tlcrc and those Of Thomas +. Carey. who Is
II adviser 10 tho tcx clcrk lie said that his de-
~r.uen. vcs well up with its work: rotw'tas'ahc-
&c tho Illness Of the transfer tax assstant' ou' an
additional cie-k really needed MI. heei''N
himself havirg 10 pass roSaiariY on p"Pe'e '.' ~
1 hou,ine work os well Mr. Jcssup questioned MI
Keenan about tho appointment Of appraisers on
he cases In which infants are Interested.
N Thomas W Butts OF the Office OF Towns q
wandell was introduced as one OF the melnocIs
~ no bn- n speak 20 the committee on reforms
IN the surrocate's office. Mr. Butts spoke OF me
aopontrnent of special tax guardians in transfer
1tax nrocecdnrs and suggested that the Legislature
make the meaning Of the present law more c'ea''
He himself thought It wa9 clear enough pu' 'ne
surrogates in interpreting II have direred rom
o,hsr members Of the bar. Mr. Butts argued tha'
i thc State had Nscu the Ultfii4i'ie "a N''N
gates Court IN lovyinc taxes in such cases ana
that this was an informal proceeding. just rs tax
,ey,-inR by any tax office Is and IS not necessarily
q judicial proceeding ne quoted the wording OF
A the law 10 show that # the intention OF the
law that levying taxes on leeacies should be me
same as the levying in other cases.
81 James W Perry. Of Knevals d Perry followed
Mr Butts and made q number OF suggestions
mainly IN regard 20 special guardians. Although
opposed 70 making number Of salaried othcers ne
Thought money might be saved 20 the state by nav
ing the special guardians salared officers OF the
surrogate's Court
+ VT Jessup. after Nj Perry retired. continued the
Examination OF employees OF the Surrogates Court
90 that the work would not be interfereG with Jacob
'washburn. probate clerk. put on The stand
lie said that Surrogatcs did not take Il on them
selves 20 appoin; special guardians for infants
and incompetonts when the infants or their friends
made special application themselves in time II
The papers did not make the application the Surro-
gate appointed the guardian.
/. Mr. Jessup questioned him about the fees paid 10
special guardians and whether there were not cases
Of uncontesied probate proceedings. whore these
special guardians had little nothing to do. Mr.
Nashburn said that there were such cases and in
answer to questioning said that there was an IN
quiry as 20 the service the special guardian had
done before his fee vas decided on but seemed 20
be uncertain whether this had always been care
fully done He could not say what an average fee
YVES Mr. Clarke wanted 20 know II he could re-
member the circumstances Of an allowance OF fee
Of 1850 10 a special guardian in the Grace Roosevelt
case. He could not recolect why this large fee
had been allowed.
f. Gustavus Gumbrecht a certificate clerk. was
called. but Il found that he not tho man
wanted. and J. Fairfax Mclaughlin. clerk Of the
Surrogate's Court asked take the stand
He was questioned about the business Of furnish
irg certified copies Of proceedings and papers in
u cf7c L. hat icf ruie IN
TIE office that certified copies should be given out
IN the order Of application. the only exception be-
ing where the convenience Of the office was served
occasionally by letting short certificate go first
lie said that the business of the Office might be
peditod = his deputy were allowed to sign and seal
documents
4 ~ l2:ao o'clock the committee went into execu-
tive session. followed by short recess.
The committee had informal conference with
Surrogate Fitzgerald IN the Of the executive
session. and secured number Of pertinent sug-
gestlons from him. On account Of the inability 10
be present Of a number Of members OF the bar who
had been invited the afternoon session Of the
mlttee abandoned and II announced that
the taking Of testimony had been closed but that
! ~ any person wished offer further suggestions
70 the committee he could do by writing 10
Chairman Fallovs. at No. IS Wall-st A number
Of lawyers submitted briefs Of their opinions in
The matters suggested in the questions. and the
following official statement, given out by Mr. Jes
sup. contains the gist Of Of these Ex-sur-
rogate Ransom. 1t was said will submit his ideas
later in a brief being unable attend the hearing
on account OF a reference
Inc committee rad invited to be present at the
and bar in this city peculiarly qualified 10 advise
n upon various matters connected with It's in
qnry. for which remedies had been suggested
among those invited were one Of the Justices OF
The Appellate Division in this department. and
burrogate Rastus ; Ransom The former was pro-
venting from attending by tho weather. and the lat
ter by reason OF reference 10 take testimony
the hearing OF the committed Some Of the others
who prevented from attending to-day by their
existing engagements pave reduced their opinions
10 writing and forwarded them TO the committee
Jennings Russell. who. among other things, sug-
gested that there was no reason why the City Con-
(, lection Of transfer tax which could be collected
(, directly by the STATE Controller and $1,000 year
+ He also suggested that there reason why
+ the District Attorneys Office. equipped Tor the
F o: the proceedings for tho enforcement OF this
Edward W Sheldon approved in the main Of the
suggestions contained IN the letter Of invitation
TO appraisc the transfer tax but expressed /; as
cial guardians was of doubtful value, but par
made in the surrogatcs Court should be published
Robert p: orr sggee:;ed that the Code he amend;
claims Of creditors against decedents' estates and
emitting all creditors hling such claims to notice
ff distribution. 50 as 10 Cnaple ullEeM creditors
20 be protected even where the publication Of
notices for claims insignificant papers might
never reach their attention.
William " Cohen Howard A. Sperry. Manuel A.
Euraheedt. Nathaniel s. Smith, George G. De
witt. Meyer 8 Isaace. Howard 6. Tracy James
stkeman, Messrs. Blandy and Mooney and Ship
man Messrs Wood and Iiill Messrs. Durnin and
Yates and others submitted valuable suggestions.
There was tocrahlc unannity In regard to the
inventory apprnisals. The total abolition OF such
aYpr0lsals in the county Of NewYork was urged
by many but generally Il seemed TO be felt that II
the Representatives OF estate were 20 be permit
led 10 puh
rs an inventory for all purposes required by the
code, Il would amply meet all the useful purposes
now served by the Inventory appraisers.
The appointment Of special guardians as salared
officers does to meet win general APP
lrOyal. particularly ~ Il would IN any way limit
Tire right OF the infant Of his friends TO nom
mate special guardians for him in appropriate
cases.
The appointment Of special guardians IN transfer
tax appraisals. except at the instance OF the In
fani or liz nexf friend also In the main dis