New-York tribune., 1911-01-18
TRIBUTE TO THE SURROGATE
Best Probate Judge New York
Ever Had" Says Lawyer.

To tho Editor OF The Tribune.
SIR. knew intimaterv Surrogate
Thomas who died this morning, for many
Years before he went upon the bench and
afte-rard. With the qualities that 80 90
make the best kind Of probate Judge ne
was remarkably endowed IL was not alone
that IL possessed the judicial temper and
other qualifications OF a good Judge that
would have fitted him for a high place on
the Supreme Court Of the state or its
h!gher appea. tribunal. Many lawyers
possess those qualities But the functions
and duties Of the Surrogstes os this state.
and particularly IN New York and Kings
counties. require something more n they
are 90 10 performed with the greatest sue
cess These particular qualifications Sur
rogate Thomas had In peculiar degree.
our probate Judges must not only decide
facts upon evidence presented before them
and adjudicate upon questions OF law that
arise in their court, they are dealing with
the property left by deceased persons, and
most Of the controversies that come be
for the SurrOgates arise between members
or the immediate families Of the decedents
Proverbiallv family controversies over
uropertv are rhe most bitter Of all. Hc
MUST .ntls't mo- a WIS.," I4AEf f.A' lll
nassinc gpor those controversies can make
such disposition ~ them as 20 heal uD
The wounds of domestic discOrd rather
than open them and at the same time
execute all legal purposes o., the decedentS
with respect tu the disposition ~ their
property Perhaps there never was Sur
rogate IN New York county who possessed
these qualities In higher or finer degree
than Surrogate Thomas.
do not think / eyer knew any other
nudge who had p kcener apprecia ton Of
the approbation OF the members of the
bar practising before him. That h" secured
and deserved such general appreciation
there can be no question. His manner upon
the bench made Il q pleasure for lawyer
IN aopear before him. His consideration
and gentIeness dispelled the fear Of young
attorneys No one ever heard him utter
a harsh or discourteous word from the
bench. His painstakins and industrious
methods. coupled with his thorough knowl-
edge OF probate law and practice resulted
in decisions from which appeals were rare
IL taken and which IN still rarer Instances
were reversed.
[ talked with him few days ago, just
after he had completed his judicial work
ror the year 1910. He spoke of it as the
most satisfactory year he had had on the
bench. both with regard 20 what he felt
he had accomplished as . Surrogate and
also with respect 20 his personal relations
with the members Of the bar practising
before him one might almost have fancied
from what lie then said that he was regard
ing the work OF the last year as marking
the close Of his judicial work. Al that time
T. indicated to my mind purpose on his
part soon 10 retire from the bench. but
now f. seems almost as II he said what
he did with a premonltlon Of mis- speedy
death.
ono other quality in Surrogate Thomas
should not be overlooked. He was elected
ia office on Tammany ticket, but with
the Tammany idea Of the division Of party
spoils he had absolutely no sympathy. He
looked upon the patronage" OF his otiice
as one OF It's most Objectionable features
and never allowed himself 10 De swayed
in the appointments 10 any Office under
him by purely partisan considerations
Surrogate Thomas was one of the best
probate Judges that New York ever had.
II will be most difficult to replace him
HENRY W. SACKETT.
SaU York Jan H. 1911.