Evening journal., 1915-01-01
NEW COURT PRACTICE
With THE new YEAR
Many Changes Are Made in
Procedure in Orphans
Tribunal
REVISED CODE
NOW EFFECTIVE

Members Of the Bar Of the State
will be interested in the new rules
of the Orphans Court which went into
effect today Chancellor Curtis, as
President Judge of the Orphans
Court. has issued letter to the mem
bers of the Bar. calling attention to
the rules which have just been print
cd. People in general. too. will find
in the rules many interesting feat
ures.
The new revised code adopted at
special session of the Legislature be-
comes effective today.
This code provides an entire change
in the law practice Of partitioning
real estate. Heretofore the Court OF
Chancery and to certain extent the
superior Court have had jurisdiction
over the partitioning of real estate
held by two or more persons under
a deed OF will, while the Orphans
Court has sole jurisdiction in the
partitioning Of real estate held as
result of the last owner dying IN
testate.
Under the new law the Orphans
Court alone has jurisdiction over all
partitioning proceedings.
This practice has been that when
a petitioner filed in Orphans Court
by one Of the heirs at law OF an IN
testate owner Of real estate the Ut
nhans' Court would. without notice TO
anv other heirs-at-law. issue a COM
mission to five free-holders who went
on the property, and after viewing the
same. if it were possible. divided II
and gave to each one of the heirs his
proportionate share. If it were not
possible. they appraised the property
and made a return accordingly as the
property was appraised. The court
would then order a sale and the pur-
chaser at the sale was compelled 70
enter into record with freehold Sc
curity double the amount Of the net
proceeds.
The condition of this recognizance
was that the purchaser should pay TO
the several parties entitled, their sew
eral shares. These recognizances were
lien against all the property OF the
purchaser and his securities for three
years. The lien was in the nature OF
purchase money mortgage which was
. held against the purchasers until II
was fully satisfied.
: These have long been a source ol
trouble and annoyance and people hesi'
: tated to purchase property at such sales
because of the life tenant having sucn
, lions enfprqd AGAINST them.
The new law which was passed after
full discussion by members OF tho
bar of the three counties of the State
/ land with the cordial endorsement of the
. chancellor, and the judges Of Orphans
I Court, also the approval OF the Cod
Commission wipes out this practice
Chancellor Curtis, Judges Boyce, Con
: rad and Rice, constituting the Orphans
Court of the State have spent mucf
time and labor in forming set oi
rules which 90 into effect today anc
govern the practice under the new law
I The rule provides that upon the fl
ing Of the petition for partition, sum
mons which shall show the share 4
which each person is entitled shall b
q | served on such persons, by giving
copy thereof. A reduced number Of free
!, holders to whom petition in partition
+ to three.
: When property cannot be divide,
\ the purchaser deposits the money II
n the Farmers bank to the credit of tn
n Orphans Court. which thereupon dis
tributes the same to the parties en-
n titled.
O Probably the most important chang
. in the new law is that in relation 4
90 Inc hon
4 or any other estate for life in tn
+ premises. Under the old law in bot
e Orphans Court and Court of Chan
+. cery there was no method by whic
e such an estate could be appraised a
r. the present value, but the money o
= share Of the widow, husband OF othe
e life tenant would have TO be investe
in such manner so that life tenan
received the interest, but upol his o
her death the money was distribute
TO the other parties.
This practice frequently held u
n settlement of estates for years, MOI
than one instance being upon recor
y where the life tenant received the il
terest for so years or more and whe
it came to a distribution to the oth'
ms parties. most Of whom we're dead, o.
is casioned much labor and expense
ice ascertain to whom the money shoul
at be paid.
in Under the new law. If the life tel
sia ant or any other party interested, d
an sires an appraisal Of the preset
ry value Of such life estate they mu
file a petition in the court at lea
Ids two weeks before the return day
el- the sale and the court will then gi'
ire due notice. The remaining paru
80 may then appear and determine no
prs much the life estate is worth at q
prs date of confirmation of the sale. III
,52 court will do this by means of
,24 table calculated and based upon Fl
nd ures at a rate of per cent. intere
an on the amount Of the life estate al
81. on the basis of the average eXpe
eld fancy of life Of the life tenant
, The sum so determined Will thl
be paid TO the life tenant and 4
remainder Of the life estate will
distributed to the remaining parti'
The Chancellor has prepared al
will soon issue TO members Of the b
is of all three counties of the State.
Id circular letter, explaining I
chanoos and the reasons thereto