New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-08-31
new LAW TO Aid
.SURROCATES' COURT
Jury System Will Reduce
Number of Contested
Wills.
DECISIONS TO HAVE
MORE WEIGHT NOW
Claims Against Estates To Be
Tried-COsts Imposed to
Check Motions.

The act Of the Legislature Of 1914
amending the practice and procedure
m the Surrogates' Court will go into
effect tomorrow, and will give the
court greater power and more work
without creating new Offices. Some
time will be required for attorneys en-
gagged in Surrogates' practice to a"-
quaint themselves with the new condi-
tions.
Perhaps the most important change
made by the new act is the extension
Of the jury system to the SUrroGatcs'
Court. where heretofore all matters
have been determined by the Surro-
gates. Hereafter all viii contests will
be heard before jury on demand, un-
less the parties 10 the proceeding agree
not 20 have a jury. This is expected
20 reduce the number of contests. Ac-
cording to Surrogate John =. Cohalan.
- per cent Of the contests brought
into the court are without merit and
entail unnecessary expense. both to the
estates and to the county. Many cor
tests are brought 20 force settlements
and much time has been lost thereby.
Under the old law. after decision
IN the Surrogates' Court. the contcs-
tant could without appeal sue IN the
Supreme Court TO set aside the will
without regard 20 the decision Of the
Surrogate Now all cases decided ad-
verSely TO the contestants can be taken
on appeal TO the Appellate Division.
and weight is given to the proceeding
before the Surrogate.
4 case in point was the contest over
the will Of Countess Castor dArschot.
resident Of New York. who left the
bulk of her estate to her nephew, Count
dArSchot. chief Of the Cabinet Of the
King OF the Belgians. Several Of the
relatives contested the Will, which dis
posed of about 100000.
Count d'Arschot was summoned all
the way from Belgium, and after long
trial Surrogate Cohalan upheld the viii.
The contestants sued in the Supreme
Court. There was another long trial,
and again Count d'Arschot had 10 come
here from Brussels TO testify. The jury
sustained the decision of Surrogate
Cohalan. The case cost much money
and time. which would have been saved
under such a law as is now to become
effective.
The Surrogates' Court is now given
the additional power of trying claims
against estates. which heretofore has
been the function Of the Supreme Court
only. For this purpose. too, the jury
will be used A jury box has been
built in the trial room Of the Surro-
gates Court within the last few days.
The large mahogany chairs are placed
close enough TO the witness stand for
every Juror to hear all that is said
The new law will make some differ
ence to the bonding companies that
furnish bonds for administrators Of
estates. Heretofore such bonds had to
be for twice the value of the estate.
Hereafter a bond for only the value Of
the estate will be required, saving
estates money in premiums paid.
Another improvement over the old
act that will save legal expenses and
much time Is the power given the Sur
rocatcs TO impose costs on persons
making motions that are denied, as
does the Supreme Court. This pro
vision will reduce the number Of friv-
Olous motions.