Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-11-02
Commission HAS been PREPARED
new PROBATE CODE FOR STATE
VIII be Submitted for AdOp.
tion at Next Session Of the
Legislature
New Code will Remedy Com.
DliCated Condition Of Present
Probate Laws

North Dakota Is to have new pro-
bate code-a sane and sensible one
that Is ii the coming legislature will
see it that way, and ii Is quite prob.
able the legislators will be willing to
pass 1t as recommended by the code
commission, as there has been cry
ing need for such reform since the
state was created.
George Wallace, of the tax commits
sion, left this morning for Wahpeton
where he will visit few days with
his family, and after election will
meet with the probate code commits.
sion which meets in Fargo on ov. 9Th.
This commission is composed Of Judge
Hanson, of Fargo, Chas. s. Ege, Of
Lisbon and Mr.. Wallace.
Owing to the fact that the present
probate code is in very complicated
and unsatisfactory condition this COM
mission was appointed by the last leg
islature to make the necessary changes
and has been working on the recon-
struction for some time.
The members have completed their
study and ut this meeting will pro-
ceed with the dictation OF the laws.
When they have completed their la
bOrs, the draft will be submitted to
the legislature for action.
This action is made very necessary
Tor the reason that .he laws passed
from time to time have become con-
fficting and have left holes in the sys-
tenn and procedure which need SER
ious attention. For instance there are
places where three or, four laws cover
the same subject and in such cases
they are generally contradictory.
There is a great irregularity regarding
the publication OF notices and the
service of notices also and it is in.
tended by the commission to remedy
this by making both publication and
service uniform by requiring that all
notices be published the same length
of time and that all notices be served
the same length. of time. 1t is the in
tention to have the new laws cover all
points, and at the same time simplify
the process as much as possible. Un.
der the present system loans wherein
minor heirs are interested, are reject
ed by loan companies and especially
by insurance companies who do the
greatest percentage of loaning in this
state. 4"
The task of writing an Inheritance
tax law was assigned to Mr.. Wallace,
and he has made very exhaustive
search and study of the subject. For
months he studied the decisions of the
federal courts on federal laws, Of fed
eral courts on state laws and of the
state courts on state laws, which Of
course covers all. He has studied
similar laws from all states and has
endeavored to incorporate the good
points and avoid the weak ones and
the snags.
There is no department of the code
which appeals so seriously to the av.
erage citizen as the probate law which
is to guard the interests of his heirs
after he is gone, and the condition of
the present law is such as to make
that hope very slim. Under the laws
which are to be submitted to the com.
mission it is hoped every point will be
covered, and that the settlement Of
estates will be expedited. As it is at
present, cases often have to be re-
opened and this causes an endless
amount of expense and trouble, say,
ing nothing of hardship caused by the
delay.
The members Of the commission be-
lieve that If the legislature will adopt
their code as submitted, North Dakota
will have one of the best probate codes
in the United States, If not the best.