PROBATE COURT

The Probate Court was established with the creation of Davis County in 1852. Federal law gave territorial probate courts the power to deal with matters of estates of deceased persons and the guardianship of the estates of minors and the incompetent. In 1852, the Territorial Legislature also gave the Probate Court jurisdiction over civil, criminal, and chancery matters. (Laws of Utah, 1852, Chapter 42, sections 23-33). In 1896, with statehood, the Probate Court was abolished.

Beginning in 1852, the Probate Court handled estate, guardianship, civil, criminal, and chancery matters. The Probate Court could also act as an appellant court to the Justice of the Peace Courts in the County. In 1874, the federal Poland Act revoked the jurisdiction of the Probate Court over all but divorce and probate cases. In 1887, the federal Edmunds-Tucker act revoked Probate Court jurisdiction in divorce cases. Estate cases handled by the Court included probate and guardianship matters. These included adoptions after the legislature first made provisions for adoption as a legal process in 1884. Civil cases included primarily divorce, debt, replevin, damages, delinquent tax collections, contract and property disputes, evictions. Criminal cases included murder, larceny, rape, robbery, assault, burglary, and contempt of court charges, as well as others. The Court also recorded incorporations and disincorporations. Land title claims and hearings were handled by the Probate Court under a process established by the Legislature in 1869.

The Probate Court was administered by the Probate Judge who was elected by the Territorial Legislature and commissioned by the Governor until 1874 when the judge was publicly elected to a two year term. In the case of a vacancy, the governor could appoint a judge until the legislature met and elected someone. In 1888, the federal Edmunds-Tucker Act made the office subject to appointment by the President of the United States.

The Probate Court consisted of the Probate Judge and the Clerk of the Probate Court. Prior to 1880, the clerk was appointed by the Probate Judge, but in 1880 the County Clerk was made an elected position with a two-year term. The Probate Court could act as an appellant court to the Justice of the Peace Courts within the county, and all Probate Court proceedings could be appealed to the District Court.

DIRECTORS
Joseph Holbrook	1852-1856
John D. Parker	1857-1858
Judson L. Stoddard	1859-1860
Thomas S. Smith	1860
Samuel W. Richards	1861
Thomas Grover	1862-1863
Joseph Holbrook	1864
Hector C. Haight	1865-1874
J. W. Hess	1874
William R. Smith	1874-1883
David Stoker	1883-1888
Thomas J. Brandon	1888-1890
Hector W. Haight	1890-1894
T. J. Brandon	1894-1896

Submitted by Sleeping Fawn
 

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