The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1919-11-28
THE OBSERVATORY
<*t+++<t <r+f+ ;

In the list of new books we do not
often see one written by probate
judge.
But among those published by the
Scribners recently is one by Robert
Grant, judge of probate tor Suffolk
county, Mass, which means Boston,
with the title Law and the Family
which is receiving much notice and
high praise. All Massachusetts
| judges are appointed by the governor
and council for life, and among them
have been some noted Jurists, and
many probate judges who have stood
high in the profession.
Having had business in settling my
fathers and later my mothers estate,
| / was surprised when IN Salt Lake
ran up against the probate methods
of Utah, and l presume other western
states have similar practices. 1t
seemed to me in the latter case that
the probate judge was DESTROYS to
have every possible detail followed,
whether necessary or not, each one OF
which yielded fee; my attorney IN
the case / had in hand was one OF
the leaders of the Salt Lake Bar,
and when l supposed all conditions
of law had been complied with the
probate judge asked when l would
do thus and so1 and when / did mo-
thing / was again asked when
would do so? My attorney said you
have complied with all the law re
quires, the action which the judge
asks you to perform is regular but
not necessary, and if you do it he
can charge you another fee. 1t was
all a tremendous contrast to my ex
perience in the Massachusetts court
where no attorney had been necessary
and l remembered that in my
mothers case she took with her Z
male relative, the judge of probats
! acted in almost a parental or brother
relation and the only fees were fol
affidavits, advertising and recording
Judge Grant has much to say abou
women in business and it would b
a real law course for any woman K
read and remember his book. HI
! gives many interesting and curious
incidents from his experience, per
!. haps the most singular is that o
admitting to probate will withou
ell a signature.
Il. In a chapter on the making of will
and probating the same he says h
gives advice about making will an
r sees the growth of common sense i
|. the administration of this branch Q
nj the law. He tells of one will bein
admitted to probate though it bore n
signature. The witnesses were, legal
n ly, sufficient, and of the genuinnes
'. Of the will there was no doubt. Tn
court found, as was obviously tn
case, that the woman had though
a that in writing her name in the oper
r. ing sentence of the documet,
N Mary Smith," etc.-she had compile
with all the requirements. The wi
was admitted to probate. But Jude
It Grant says, it is probable that I
years ago "a court would have 81
!. It aside with an expression of regr,
at the necessity"
Il My first experience of electir
q judges had a humorous element
it; soon after Utah got state-hoe
- in one of the largest counties thru
.al judges were to be chosen. There W;
scramble to get to the public cri
and when the nominations had BET
he made / was present at meeting
he number of leaders Of public opinit
when the nominees for sjudgeshi
of the party with which | acted We
ed canvassed. Two of them were a
ne proved, but one was declared to
wholly unfit, both in ability and cha
/, lacter. The other party were not su
D. posed to have. any chance of electil
its its nominees and had placed on
ticket a leading lewyer, universal
acknowledged as leading jurist
the whole state. But he was known
sometimes drink .heayily, this ia
was mentioned and regret express
at the fact, for otherwise we .mig
Use vote for him; then one said emph;
IRE ically "For my part ! would rath
he take the risk of on the ben
.. drunk than the other man sobe
ms The idea struck popular chord, W
wni spread abroad, pushed and I
his drinking man chosen by big vo
and made a judge beyond reproa'
II OBSERVER