Preble County, Ohio - Chapter 10: Probate Court, 1915

Chapter 10: Probate Court

Under the 1802 Constitution of Ohio, in each county there were appointed not less than two nor more than three associate judges, who were residents of the county, a quorum being two, and who had jurisdiction, generally speaking, of all probate matters within the county and certain contested election cases and the power to hear misdemeanor and criminal matters and to bind the accused to answer the grand jury. When the common pleas court was held at least two of the associate judges sat with the presiding judge to hear the case. They were appointed to serve such term as law required, but not to exceed seven years.

Thomas Kirker, acting- as governor of the state, on February 16, 1808, duly appointed James I. Nisbet, John Meroney and John C. Irwin associate judges of Preble county, and they met at the house of Samuel Hawkins in Eaton on March 15, 1808, and elected William Brown clerk pro tempore, and the first business done was to divide the county into four townships, as set out in the chapter on organization of the county. They then appointed Alexander C. Lanier county recorder, and ordered that six justices of the peace be elected in April, 1808, and adjourned.

On April 9, 1808, they met and abstracted the vote of the April election. and swore Lanier into office as recorder, and adjourned. On May 16, 1808, the former clerk, having resigned, they chose Alexander C. Lanier as clerk.

On June 7, 1808, Samuel Parks was brought before them charged with stealing two horses, and pleaded not guilty. The case was heard by them and he was acquitted. They then settled with the county commissioners, and allowed each of them $5.75 for their services for the preceding two months.

On February 28, 1809, John Ladley was, on the oath of his wife, Nancy Ladley, brought before the judges, charged with having broken the "goal" of Newport, Kentucky, and also with threatening and abusing her (his wife) and plead guilty to breaking jail of Newport, but the court adjudged that not to be an offense against the laws of this state, and tried and acquitted him on the other charge. Just as he was dismissed, a constable from Kentucky came into court with a warrant for Ladley's arrest for having stolen a mare in Kentucky and the coroner was ordered to take the prisoner to the Ohio river and turn him over to the Kentucky constable.

On April 20, 1809, John Kirby was granted a license to keep a tavern in Eaton. The first letters of administration were granted on November 1, 1809, to William Denniston and Sarah Denniston, on the estate of James Denniston, deceased, and they gave bond in the sum of four thousand dollars.

On November 24, 1810, the first will, that of John Shoeman, was probated and proven by three witnesses. Katherine Shoeman and Henry Eikenberry were named as executors and gave bond in the sum of two hundred dollars.

On July 20, 1812, Peter Bovvers was tried for stealing "one-half crown" of George Worthington, and was acquitted. This shows that the memory of English coins still lingered.

On July 6, 1814, the last will of Samuel Hawkins, deceased, was probated and recorded. This is given because the deceased was so prominent in the organization of the county.

On October 15, 1814, the court abstracted the vote of the county and found that Thomas Worthington had for governor in the county one hundred and fifty-eight votes, and Othniel Looker for the same office had one hundred and ninety-four votes.

Appointing Administrators

On May 6, 1815, Cornelius Van Ausdall was appointed administrator of the estate of Phoebe Van Ausdall, and from this date the court records show frequent appointments of administrators. The first insolvency case was that of William Miller, on February 9, 1819, who was adjudged insolvent on his petition. July, 1819, David Shankland was appointed as guardian of Edward McGuire, being the first guardian appointed in the county.

It seems that there was not in those days such great objection to a man holding two offices, as there is now, for on April 20, 1809, the other two associate judges, in the absence of Judge Nisbet, elected him county surveyor, and certified him as such to the governor, and he served as county surveyor and associate judge, and in the road records of the county his name will be found as the surveyor of roads laid out for many years later.

In 1851, Benjamin Neal resigned, or refused to serve longer, and on May 21, 1851, Jacob Chambers was appointed and the court as thus organized continued to February 9, 1852, when first the probate judge began service.

On September 1, 1851, the new constitution, adopted by the vote of Ohio electors on the third Tuesday of June, 1851, became effective, and by the Legislature a law was enacted calling for the election of a probate judge for each county, whose court should be open the whole year. 50 Ohio Laws, page 31 1. Under that system we have ever since operated, the probate judge being elected for three-year terms, and if more time is indicated, they were re-elected for a second term.

The probate court and its actions and procedure are given so fully, because it is the court that conies more completely in touch with all the people of the county than any other in relation to estates, wills, guardian*, trustees, assignees, and orphans, so that it is often said that it is the people's court. The law makes it the court's duty to carefully examine the proceedings and charges of all executors, administrators, guardians and trustees, and see that those who deal with and charge fees against estates and trustees shall deal fairly and honestly with those whose interests are in the power and keeping of those holding the estates, and it must be said to the honor of our higher courts, that it must plainly appear that the probate court has exceeded its power, or abused its discretion, before they reverse the decision of the probate court.