The times. [volume] (Washington [D.C.]) 1897-1901, 1900-02-18


\. Dent have decided to make determine
fight against the bill now before Congress
The purpose OF which is to abolish tn
Office. Instead Of having the office abol
ished. they claim that 1t should he IN
creased in Importance. and with this ii
view bill looking to the increasing o
she jurisdiction of the powers of IN,
executive officer in that department viii
he presented to Congress tomorrow ol
next day. The proposed Law makes pro
vision for the establishment OF a probat,
and divorce court, with the Register OF
Wills clerk of court. 1t is stated that
fhe establishment Of such a court was
intended by Justice Cox when he compiled
aud revised the laws for the government
Of the District. and that in the original
compilation of the code provision was
made for such court.
However this may be- IL appears 10 be
Ole opinion of q large majority OF the
members of the District bar that the
Office Of Register of Wills should be abol-
ished. and all the business transacted
there be placed under the supervision of
The clerk of the Supreme Court of the Dis
trict. The reasons for this. il Is con-
tended. are many. First. 1t is stated that
from the very nature Of things IL should
he so. because ii is part and parcel OF
the Supreme Court OF the District Next
il Is claimed that il will expedite and sim
plify matters in reference 10 all appeals
taken from the Orphans Court TO the
Court OF Appeals for the District and also
from standpoint OF reduction OF expenses.
There are other reasons besides these.
which also mentioned in the bill but
those mentioned above are of the most
importance in considering the matter.
John r. Young. Clerk OF the Supreme
Court OF the District. in discussing the
subject yesterday. stated that he believed
it would be best for all concerned so far
the facilitating of business goes. for the
Office Of the Register Of Wills TO be under
the SUPERVISION Of the clerk Of the higher
court. Particularly in connection with the
matter Of sppeass to the Court of Appeals
for the District would the amalgamation
OF The two offices be found OF convenience
"a the members of the bar and litigants. |
As IL stands. the Register of Wills he I
stated, cannot now certify records to 4
the Court Of Appeals direct, all such mat
ter having TO pass through the hands of |
the Clerk Of the Supreme Court of the \
District in order that the official seal of 4
the court, of which the Orphans Court /
Is = part, may be affixed. Aside from tits.
he is Of the opinion that the bringing OF /
the Orphans Court under the supervision
SO far 10 make Il a part OF the Office
of the Clerk OF the Supreme Court OF the
District. would be a great saving in ex-
pense. II is also claimed by those no
Ssror .he adjustment OF The Office that the
Register Of Wills has no power OF certihca-
ton beyond the District. That is 20 say. the
mere cef-tihcation of document by the seal
Of his office. Is not recognized outside OF
the District OF Columbia. This however
81 III rsr.d lsrv
The seal of his Office is recognized as su-
ihoritative everywhere except in the State
OF New York
Opposed to AboIi-hing the once
prominent member of the District bar
who is opposed TO the sbolishing of the Of
fee Of Register of Wills stated yesterday
that he believed that the establishment OF
such court as is proposed by the new bill
which viii be presented to Congress in
few days will greatly improve the facilities |
Of litigation in all matters of probate. He ,
IL very heartily In favor he said. of the /
creation of a probate and divorce court. ,
be understands that all d. | .
rorce proceedings are to be held in open ,
court. This method of procedure in such {
matters, he believes. will greatly reduce 5
litigation of This kind and prevent any /
.
ccedings !
II was stated yesterday afternoon that |
he managers OF several OF the principal :
title companies in the city held confer G
.fce and decided to use their influence in a
having the proposed probate and divorce \
'osirt established. II is understood that the /
rust companies. which do large business S
n the matter of bonding in the Orphans | 4
'ourt, object against the adjustment Of the s
,fice OF Register of Wills &
The bill now under consideration by Com | n
,ress looking 10 the adjustment Of the Of | Z
ice OF the Register OF Wills provides
That the ONCE of Register OF Wills is
iereby abolished. and the powers and du-
les OF said Register Of Wills are hereby il
transferred to the clerk Of the Supreme | n
'curt of the District of Columbia.
That the said clerk may receive invea-
orics and accounts OF sales, examine
oncbers and state accounts OF executors =
administrators collectors and guardians =
inject to final passage or rejection OF same :,
y the court: may take probate of claims :,
gainst the estates OF deceased persons :. :,
hat are proper to be brought before him u
nd pass any claims exceeding $500:
nay take the probate OF wills, and accent | y.
he bonds OF executors administrators. col a,
sctors. and guardians subject TO approval ~
= the court II shall be his duty to make =,
Ill and fair entries of the proceedings of :,
aid court. and also 10 make a fair record :,
] strong bound book or books of ali wills ~
roved before him said court and of all a'
ther mHtters by Law directed to be re- =,
orded In said court, and so lodge every y,
riglnei paper fled with him in such place =,
safety the court may apport He :.
hall make Out ana issue every summons :.
recess, and order OF the court and in a.
very respect act under its control and di- -
.clion in reference to matters coming "
thin The Jurisdiction ri said court -,
That the costs in all probate proceed "a
Is shall be the same as the costs now ~,
lowed by law In all proceedings on the
v and equity sides of said court
The Csunter-Propositioa co
The new bill which il is proposed TO W.
I'VE introduced in Congress provides chat Oh
lere shall be established another branch =,
the Supreme Court OF the District ou
h.ch will be known as the Probate and a,
iveree Court. II shall be presided over of
= member OF the Supreme Court of Il
ie District, who shall give 1t his ex- We
nEiye attention aud who shall be paid a oe
larry equal TO that of the other members so
the District bench. The bill slso pro- pa
des that the Register of Wills shall be 20
ERIK ef the court cit
Some Of the reasons advanced Ms TO why ne
e Office OF Register OF Wills should not 10
abolished are: First it is contended
at for many years Washington has not | -.
ID 8umcient court facilities for the
sDatch OF probate business. This should ~
taken iEto consideration with the rap - &c,
w increasing Importance of the CITY ~ -
th reference to it, increasing Npula- "a,