The Providence news. (Providence [R.I.]) 1891-1906, 1905-03-08

The existing probate laws are admin
istered by thirteen judges OF probate I'm
thirteen cities and towns, and by town
councils acting as courts OF probate. with
an aggregate membership OF one hundred
and thirty members. I'm the other twenty
five towns.
Before the amendment OF the constitu-
tion chancery powers could not be con-
ferred upon any other than the supreme
court 10 any greater extent than was pro-
Vided at the adoption Of the constitution
and consequently all questions which in
volved the construction Of wills have had
10 go 10 the supreme court by separate
proceedings. Not only has this caused
unnecessary delay and expense. but there
has been a growing feeling that the pro-
bate system itself is Inadequate No
department OF the judicial system is more
important TO the people Of the state than
than Of the probate courts. Compare
lively few Of our people have occasion
to sue or answer In our courts OF law.
but all must die and thus the personal
and much Of the real property of all the
people OF the state undergoes probate
administration every thirty or forty years.
This is a vast amount compared with or
dinaIy litigation. In view OF the fact
that the conditions under which business
il now done and property Is held are
growing more complicated an q require
more experience in affairs than formerly
the probate Judges should be men OF spe-
cial knowledge and training.
FOUR PROBATE CIRCUITS.
Under the adoption OF the twelfth
amendment an adequate revision OF the
probate system could not be made As
IL is now possible. the commission has
considered II proper, In view OF its Inn
portance and the interest IN IL. 20 pro-
pose system OF probate courts with
| Judges as carefully selected as for other
courts, at the same time retaining the
present convenience Of the town system
| IL II obvious that the intricate and Inn
portant duties OF exercising chancery
! powers should not be imposed upon lay
men; hence four probate circuits are rec
commended. with a probate Judge for each
who shall hold session IN each town
as frequently as courts are now held in
/ the towns
The town clerk. or a special clerk is 10
be the clerk OF the court IN each town.
and the probate records for the town
will be kept as heretofore, Incidental
orders can be entered at any time. with
out the trouble or convening or waiting
for meeting Of town council.
The changes made in the probate law
have been chiefly in the line OF moro
expeditions complete. and convenient
system They have been made after CON
sultation with experienced probate OIL
GERS. The subject have been grouped I'm an
orderly way. under sUbtitles. as to be
more easy OF reference. The system pro-
posed empowers probate courts to con-
strue wills so far as may be necessary to
advise executors ard administrations with
! the will annexed with respect to the pay
ment OF legacies. This provision enables
| executors to close their accounts In the
! probate court md the law further pro-
v.des for the discharge OF executors and
! administrators 80 az 10 terminate their
| liability
Under the existing law no provision is
made for allowing an executors account
! and enecting his discharge. The demand
for these provisions is general on the part
| of the bar OF the state and persons who
/ become liable upon bonds. Tho laws re .
ldtins 20 presentation and proof OF claims
| against estates ~ deceased persons have
/ been changed az 10 expedite the set
| tlsment OF estates and at the same time
20 simplify the practice and mako II more
sertain. The supreme court having de-
clared the law providing for this adminis-
tration Of estates Of absenteea or persons
/ who have disappeared or absconded to be
/ unconstitutional (Carr VS. Brown, 30 r l..
cl5l. laws have been framed providing for
/ the care and management OF the estates
/ 81 such persons, and for the support of
! their families out or their estate by the
! appointment OF receiver. The law relat-
/ ing 20 transfers OF personal pGoperty and
took by foreign executors ana non-resi-
| dents has been changed so as 10 facili-
] tate transfers.
! The salaries OF the probate judges will
! be nearly, II not fully, covered by the
! fees which go to ths state.
The work has taken more time than was
/ anticipated. because it's wide scope could
| not be foreseen.
] II has required the examination Of every
! CHAPTER and section OF the general and
] public laws. over twelve hundred chapters
/ in all over fifty chapters have had to be
| entirely redrawn and about three hundred
! So ctions amended
| ono hundred and eighty meetings Of ths
| commission have been held, and mucn
committee and Individual work has been
/ done by members at other times
! Tho commission has not yet been able
10 give It's attention to n study OF the
| plans submitted for a new court house
! but II will do so ~ soon M possible and
submit the result I'm a later report
! Respectfully submitted.
JOHN II. sTTNBSs
! EDWARD n. BASSFrT.
STEPHEN q. EDWARDS.
! CHARLES r. GORMAN
VIM. A. MORGAN,
NATHAN w. LITrTiEFTELD,
| ELLERY III. WILSON.
| RICHARD w. JENNINGS, Secretary