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Utah Probate Courts

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The first Territorial Legislature, which was convened on September 22, 1851, passed an act providing for a probate court in each county, the probate judges to be elected by the joint vote of the two houses of the Legislature, for a term of four years. These probate courts were given "the administration of estates, the guardianship of minors, insane persons and idiots, power to exercise original jurisdiction, both civil and criminal, as well in chancery as at common law, when not prohibited by legislative enactment."

The district or territorial judges were appointed by the President, while the probate judges were residents of the territory. As already stated, there was not much litigation in those days, and most of what there was went to the probate courts, though appeals might be taken to the district courts.

In August, 1853, President Pierce appointed John F. Kinney, of Iowa, chief justice, and about a year later appointed George P. Stiles associate justice to succeed Judge Snow. Chief Justice Kinney was one of the most popular of the territorial judges. In Iowa he was better known as a tradesman than a jurist. On account of his commercial transactions with the Latter-day Saints at Kanesville (now Council Bluffs), Ia., he was called a "jack Mormon." Upon arriving in Salt Lake City he opened a store and established a boarding house, conducting both in addition to performing his judicial duties. He held the office of chief justice for about three years, or until the expiration of the term for which he was appointed, and in June, 1860, he was again appointed chief justice by President Buchanan. He was removed by President Lincoln in the spring of 1863 and later in that year was elected delegate to Congress from Utah.

Judge Shaver had tacitly admitted the jurisdiction of the probate courts as defined by the law creating them, but Chief Justice Kinney was the first judge to render decisions from the bench confirming that jurisdiction.

[Source: Utah since statehood: historical and biographical, Volume 1; Edited by Noble Warrum; Publ. 1919; Transcribed and submitted by Andrea Stawski Pack.]

©2012 Genealogy Trails

Utah Probate Courts
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The first Territorial Legislature, which was convened on September 22, 1851, passed an act providing for a probate court in each county, the probate judges to be elected by the joint vote of the two houses of the Legislature, for a term of four years. These probate courts were given "the administration of estates, the guardianship of minors, insane persons and idiots, power to exercise original jurisdiction, both civil and criminal, as well in chancery as at common law, when not prohibited by legislative enactment." The district or territorial judges were appointed by the President, while the probate judges were residents of the territory. As already stated, there was not much litigation in those days, and most of what there was went to the probate courts, though appeals might be taken to the district courts. In August, 1853, President Pierce appointed John F. Kinney, of Iowa, chief justice, and about a year later appointed George P. Stiles associate justice to succeed Judge Snow. Chief Justice Kinney was one of the most popular of the territorial judges. In Iowa he was better known as a tradesman than a jurist. On account of his commercial transactions with the Latter-day Saints at Kanesville (now Council Bluffs), Ia., he was called a "jack Mormon." Upon arriving in Salt Lake City he opened a store and established a boarding house, conducting both in addition to performing his judicial duties. He held the office of chief justice for about three years, or until the expiration of the term for which he was appointed, and in June, 1860, he was again appointed chief justice by President Buchanan. He was removed by President Lincoln in the spring of 1863 and later in that year was elected delegate to Congress from Utah. Judge Shaver had tacitly admitted the jurisdiction of the probate courts as defined by the law creating them, but Chief Justice Kinney was the first judge to render decisions from the bench confirming that jurisdiction. [Source: Utah since statehood: historical and biographical, Volume 1; Edited by Noble Warrum; Publ. 1919; Transcribed and submitted by Andrea Stawski Pack.]



©2012 Genealogy Trails