Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-20

Mr.. DEERING: Mr.. President, 1 de-
sire to offer the following amendment
and move it's adoption. l will say
as look at it now-it was presented to
me by the attorney generals depart
ment, and do not think it is in proper
form-it will have to be rewritten.
move the resolve lie on the table.
The motion was agreed to.
The presidents: The Chair lays
before the Senate H. D. 344. An Act to
amend Section 20 of Chapter 6s Of the
Revised Statutes, concerning the grant
ing of administration without bond
; under certain conditions. tabled by the
senator from Aroostook, Senator Thorn
ton, pending it's second reading.
Mr.. THORNTON: Mr.. President, this
act, 1 believe, was reported from the
committee on judiciary, and while l do
not-as Senator Deering has overruled
the attorney general-I do not want to
overrule the judiciary, but there are
certain things about this act to which
I would like to call the attention of
the senators before it receives a pas
sage.
1t seems to me that it is too far reach
ing to pass without discussion. The
probate law. of which this is part, is
one of the most important of our State
laws. 1t ranks with that Of our banks
and banking and savings banks, be-
cause they deal with the rights and
property of widows and orphans, and
we should not pass any law which is
apt to cause minor to forfeit his
property rights because of his minori-
ty. or some unfortunate person who is
confined in our home for feebleminded
or the insane asylum to forfeit his
property rights because of his misfor-
tune.
I think perhaps the judiciary COM
mittee did not have all the facts. or in
the haste of .heir hearing did not look
at these as carefully perhaps as they
might. The act wishes to have the
judge Of probate grant administration
to the wiGower without bond. The
law as it stands today on the statute
book permits the judge Of probate at
his discretion to grant administration
of the estate to the widow or next OF
kin without a bond. The act that is
proposed here asks us to add to that
list the widower.
The probate law has always required
bond Of every administrator or eX-
ecutor from the beginning OF our State
almost until the year 1915. At that time
the present law giving the judge of
probate discretion to grant administra-
| ton to the widow was passed by this
| Legislature. On account Of my phys
| ical limitations resulting from pneu-
monia, and by the consent of the peo-
| pie of Aroostook county, | was placed
in the position of register of probate
in the Aroostook county courts. and for
some years l have had the opportunity
to observe and study human life as it
| flows through the practice of the pro-
| bate court, and to my mind this opens
up chances where perhaps some minor
may lose his property rights without
any intention on tn part of the judge.
! At the present time. in the rush of bust
ness at a probate court, when petit
ton for administration is presented by
a widower he has the right to be ap-
; pointed at once on the presentation OF
! the petition. but the law requires that
as pledge of his good faith. or his
business ability, that he file with the
! Judge a bond. The amount of that
| bond is left to the discretion of the
| Judge, which according to the rules of
court is about twice the amount of the
| personal property. ! do not think 1t is
any hardship on any man to require
! him to give a bond for the faithful
| discharge of his trust az administra-
tor. In fact, to my mind anyone who
| is not in a position to give bond as
a guarantee of his business ability g
not the proper man to be appointed adj
! ministrator of an estate. l see this
| bill permits this appointment to be
made upon those interested signing their
consent And l think that those who
| are interested in an estate are only the
| children, and many parent, many 2
/ father can obtain perhaps the consent
of his Oldest daughter and yet have
minor children who are not legally cap
| able, who are not of full age: who are
| as interested as the one of full age
| and having that written consent he
comes to the Judge with his petition in
! good form ard asks for an appointment
without bond.
! The Judge has not the opportunity to
! inuuire into his business ability, and
! on the face of it he makes out good
! case. receives his letters of admins
| tratiop. and at once goes to the bank.
perhaps. and checks out the little saw
ing that his wife had there, before the
Judge is aware of it. This law does
not affect of course, any title to real
estate or the sale of real estate; it may
only, of course, affect the personal
property There is many an instance
that might arise where the wife has
been saving. worked hard and has not
been willing to trust her husband with
the result of that labor. but has been
putting it away perhaps in a little
saving place by herself. If this law
passes, the ~ame husband whom she
would not trust can get a licenses from
the Judge of probate, his character un-
| beknown perhaps to him. and check
that money out of the bank
l do not think that the law should
receive a passage. ! think that the
law is safe as it stands today. 1t has
worked no hardship. There has been
no complaint from 1850 down to 1915.
but what administrators should give
a bond before they were granted the
right to deal with property in which
they had no interest. And therefore, Mr.
hot ha ho in.