Year: 1879




The magnitude of the interests connded to the Ju-
dietary. and dependent exclusively their action.
is perhaps in the United States than any
other civilized country Citizens. therefore. natu-
rally look with jealous eye upon the mode in which
the trust Is discharged. and expect those who hold
responsible positions the bench to be at all times
ready to render full and satisfactory accounting to
the people. OF late years the Office Of the Surrogate
of the city and county of New York, always .
great and responsible trust has derived additional
consideration and unwonted attention from the
fact that the property of noted milionnaires ana
merchant princes has come within its purview
This fact. coupled with prolonged contests in sew
eral well known instances. has excited legitimate
public curiosity to the inner workings OF the
Office and desire to ascertain the cause OF what
appears to be unnecessarily tedious and vexatous
delay In the final arbitration of important causes
Apart from the interest which the general public
takes in following the course of litigation where the
estates of men like Stewart and Vanderbilt are in
voved prudent and thrifty citizens in all stations
in fe and of every degree of wealth. are keenly in
terested in the fate Of whatever accumulaions they
have been fortunate enough to make for their families
and dependents. widely prevalent impression is
that the estates Of most decedents devoured by





are secretly encouraged in creating and fostering
dissensons by tho action of the officials connected
with the Surrogstes office. Allowances to counsel
to afford . premium for litigation of this
character, while the other hand the condition Of
the records and frequent complaints of their mac
feasibility apparently lend color to the suspicion
that proper investigation would disclose many need
less shortcomings in the administration of the
Office. For this purpose the HERALD represents
tive deputed to call upon Surrogate
Calvin and ascertain the exac. condition of
affairs within his jurisdiction. and whether
these suspicious well or i'll grounded. and If
legislation was needed to correct evils or remedy in
evitabe endorsements in the discharge OF his func
tions. The reporter found the Surrogate in his
sanctum at the close Of business hours. and in
formed him Of his mission. Surrogate Calvin
pressed himself perfectly willing to give the read
ers Of the HERALD full and frank exposition of all
things connected with his Office. The question Of
the increase of will contests suggested itself the
most important query. and the HERALD representa-
tive accordingly propounded this preliminary ques
tom


CONTESTS DECREASING.


REPoRTEn-Judge the HERALD has instructed me
to ascertain from you il there any serious increase
in the contestation of Wills and If 1t would like
to know II you can suggest some practical remedy
whereby tho evil can be stopped.


SUnRoGATE-In my opinion there is no serious in
crease but rather decrease in the contestation Of
wills in this county. evinced by tho following
statement Of wills contested since entered upon the
dnties OF my Office. 18th April. 1s76:-For the
mainder of the year 1876 49, for 1877 6S; for 1873
81; for 1879. to November H. 49, This decrease may
be due to the inhexible rule established when !
entered the office. to deny allowances to unsuccess
full contestants out OF estates, unless 1t should
appear that the contest was made in good faith in
legal sense. evnced by the testimony given substan-
That 1hsrr
IT there has been created In the public mind belief
that the contests OF Wills has it Is doubt
wills disposing of unusually large fortunes. made
by persons conspicuously known. have been con-
tested in manner calculated to excite popular at
tention and interest. The number of wills con-
tested during my term has been about six per cent
of those offered for probate of which about ten per
cent have been rejected. and those quite unm-
portant as to the amounts attempted to be disposed
of. am of the opinion that there is little or no
excuse for at least half of the contests now
made and that they would be materially re-
duced by statute refusing allowances to an unsuc-
cessful contestant. except he be special guardian
appointed to protect the rights of minors.
cutor legaee contestina will on the ground of
later will in which they shall be named as such.
procured such bill to he passed by the last Legisa-
ture but 1t failed to receive the Governors approval
1t is my purpose to the effort next winter.
ent law is five per cent on the amount OF the estate
to all the counsel.


LAWYERS SUPERIOR TO LAYMEN.


REPoRrER-Are the drawing and execution OF will
so difficult that it cannot be safely intrusted to





set aside or its provisions avoided?


SUnRoGATE-The drawing and execution Of wills
rendering it very hazardous for iayman TO under
take, greatly increasing the danger OF invalid
VISIONS and the difficulties of probate.


REPoRrKR-Does not the present law permitting
allowances to be made out of testate estate to
successful contestants offer premium for such
tests?


suRRoaATE-The habit Of granting allowances to |
unsuccessful through their counsel does.
,l my opinion materially encourage contests as the
experiment is thus permitted at the expense Of
estate rather than the client.


REPonTKR-would clause in the bill prohibiting |
contest under penalty of loss of all claim legacy
hereunder remedy the difficulty.


SURnooATE-Such condition contained In will |
would undoubtedly discourage q contest on the part
of the legatees; but such contests not rs COM
mon as is supposed. But such penalty would. in |
my opinion. In casos work great injustice


REponrER-Is it your opinion that the existing /
authority in this State upon the subject of making
wills should be restricted and IL So to what extent?


SURRoGATE-while have not given the subject |
such careful consideration will Justify express
sion of opinion to the detail of necessary
ment to the law concerning the making of Wills |
clearly Of the opinion that the right to make
sricted and that the law often works great
injustice. A law should be passed by which man
should not be able to disnhert his wife. as to her
personal property speak, unless she shall bo |
possessed I'm her right OF reasonable support.
widow should be secured at least oncthird OF her
husbands personal property. attor the payment OF
debts, unless such one-tnrd should prove to DO /
more than sufficient to yield her annual income
of $4,000. and up to that amount she should be alb
solutely entitled to one-third of such surplus.


ONE HUNDRED MILLIONS PER ANNUM


REroRTER--Can you give me an idea what amount |
OF property passes under the supervision OF tho
Surrogate of this county accounted Tor before him
In one year?


SuRRoeArE-rhe property of some estates passes
under the supervision of the Surrogate several times
before final distribution. First IL may be on pro-
bate In testate then again on inventory, per-
haps several times on compulsory accounting, for |
the purpose or paying debts or legaces. and finally
Tor ultimate, distribution. SO III intcstate cases |
numerous proceedings may bo taken-hrst, to fix |
the amount OF security to DO given by the adminis-
traitor; again. an increased security on accounting |
Tor payment OF debts ON mortgage ieaso or sale OF
real estate to pay debts. and then final dstrbu-
tion. 1 think 1t would be safe to say that the |
amount OF tho estates passing under the supervision
OF the Surrogate OF this county since April L. 1876.
has averaged not less than $500 O00 900 per


REPoRrER-About what proportion Of this |
amount ~ distributed without contest?
SunnooArE-lf you mean without contest of the