New-York tribune., 1901-11-17

gained by large experience in this particular
branch OF jurisprudence. Last year agreement
was reached in 291 out of 297 will contests.
Naturally. the settlement of wills occupies a
large proportion of the time OF both justices.
From July g. 1901, Judge Thomas has con-
sidered six hundred wills, and Judge Fitzgerald
has been called 10 pass upon an even larger
number. Many of the documents require much
study on the part of the judge. Take the Cruger
will. for instance. This will involved the special
preparation on the part Of the justice Of those
portions Of French Jurisprudence which had a
bearing upon the case. This contest has occu-
pied the attention of the court for the last three
weeks. and the end is not yet. Some Of the
struggles between heirs have lasted for many
years. owing deep seated family quarrels
that do yield easily to equitable treatment
The Elias case was begun in the time Of Sur
rogate Rollins. in 1855, and is not yet settled.
Columns could be written of interesting will
contests which have borne hard upon the pa
tience of the Surrogate's office. and which, be-
cause Of the tenacity Of the contestants are.
adjusted only after years of wrangling-
Delays In the adjudication Of estates have
been rare under the present administration.
Justice Fitzgerald, elected in 1893. held office
seven years before Justice Thomas was sworn
in. Since Justice Thomas was sworn in they
have worked together in a fine spirit Of accord.
of dispatch No delay that can possibly be
avoided is permitted, for they realize the vital
Importance of celebrity and swiftness of justice
when, as happens so often, the very existence of
widows and infarts depends upon giving to the
expectant their legal rights at the earliest pos
sible moment. OF course. delay in some in
stances cannot be obviated, owing to the yaga-
ries Of human nature. The court makes point
of trying every contested probate case within
sixty days after objections have been filed.
AS rule this effort the part Of the judges
meets with success. In the of the Rice
will. with Patrick still in the Tombs. an i'm
mediate settlement of the estate is manifestly
improper for it is not just to compel to
! defend his life and estate at the same time.
Some estates intricate that speedy de-
cision is not desirable, but these instances are
of exceptional occurrence. and are never per-
mitted to hold back the calendar
At chambers a judge must sit practically the
entire day while the motion calendar is called.
During the remaining four days of the week
all contested cases, well numerous
parte applications, must be disposed of. In addi
ton to these cases. the judge must bring up
and pass upon all cases which We're not settled
in the preceding month at trial term. Some
times this is accomplished by actual trial in
court, and where cases are submitted they are
settled by written decisions.
One feature OF the Surrogates Court is pecul
lar. IN the Supreme Court reports Of referees
are usually confirmed as Of course. while in the
Surrogate's Court these reports must be exam
ined and approved by the judge to whom the
report Is submitted. thus adding to his mani
| fold duties. In the Surrogate's Court the ma
/ jority Of estates distributed only after
/ judicial settlement of the account of the
/ utor administrator to a number of which
( objections interposed But for the assist
i ance Of trained experts and a corps of eighty
| men, the judges would not be able properly to
/ examine these references dispose Of them
without delay.
PROPOSED REORGANIZATION.
In 1895 when the Court Of Common Pleas and
| the Superior Court We're consolidated with the
Supreme Court, II proposed to reorganize
| the Surrogate's Court by making it branch OF
/ the Supreme Court 1t was suggested at that
| time that the name of the Surrogates Court be
| changed that of Probate and Divorce Court.
The proposition was discussed a length,
but the idea never took root. IT realized
that the court exercised jurisdiction peculiar
| to itself. and that it would suffer either by the
enlargement curtailment of its powers. 1t
was seen that the Surrogate's Court would gain
nothing by a rotation of judges, and that Justice
| would be better conserved By permitting the