Public Acts of 1870 Chapter 86

COMPILER'S NOTE: Following this act are amendatory acts which further define the jurisdiction of the probate court of Shelby County.

SECTION 1. That there is hereby established in Shelby County, a Court of Record, to be called the Probate Court of Shelby County, to consist of one Judge, who shall be elected by the qualified voters of Shelby County, on the first Thursday in August, 1870. The qualifications and term of office of the said Judge, shall be the same as now prescribed by law in reference to Circuit Judges of this State.

Whenever a vacancy shall occur in the office of Judge of said Probate Court, whether by death, resignation, removal or otherwise, the vacancy in such office shall be filled by the qualified voters of Shelby County at the next succeeding general election, for any of the County officers, occurring more than thirty days after the happening of the vacancy; and in the meantime, the Governor of the State shall appoint a person, learned in the law and otherwise legally qualified, who shall discharge the duties of said office until a successor shall be elected and qualified. Such appointee shall receive the same compensation which would have been payable to his predecessor had such vacancy not occurred.

SECTION 2. That the said Court shall have original jurisdiction of all matters of probate, the administration of estates and orphans' business, embracing all of the subjects and powers enumerated in the conferred by Sections 4,201, 4,203, 4,204, 4,205, and 4,208 of the Code of Tennessee, and concurrent jurisdiction with the Chancery Courts of Shelby County over the persons and estates of idiots, lunatics, and other persons of unsound mind; and of proceedings for the partition or sale of estates by personal representatives, guardians, heirs, tenants in common, joints owners or coparcener, for the sale of lands at the instance of the creditors of the descendents, if the personal property is insufficient to satisfy the debts of the estate, and for the allotment of dower; to remove the disabilities of minority; and it is hereby vested with all the powers of a Chancery Court touching these matters. The Judge of said Probate Court is also hereby vested with all the powers conferred by law upon Judges of the inferior Courts in this State. From the judgment of said Probate Court, an appeal shall lie directly to the Supreme Court of this State, and to no other Court.

After the settlement of a guardian's account, the Court may compel the guardian to pay into the office of the Clerk the balance found against him, and may upon motion of the Clerk or any interested party, after twenty days notice to the guardian, award summarily an execution against such guardian and his sureties for the amount of said balance as in case of a judgment at law; and when any specific thing is to be done, the Probate Court may compel the guardian, by an order, to perform it, and by process of contempt in case of refusal. The Probate Court shall have and is hereby granted concurrent jurisdiction with the Chancery Court of Shelby County, Tennessee, in respect of the removal of disabilities of minority.

The probate court shall have and is hereby granted concurrent jurisdiction with the chancery courts to construe and interpret wills; to entertain proceedings to reopen records made by guardians and conservators and determine upon proof any balance due by them; to determine controverted and disputed issues in cases involving executors, guardians and conservators, and to determine all matters related thereto; and to determine title to real property involved in estates.

SECTION 3. The Office of the Clerk of the Probate Court of Shelby County is hereby created. The salary of said Clerk shall be $6,600.00 per annum, payable in equal monthly installments.

Gertrude Decker, a citizen of Shelby County, is hereby designated and appointed as Clerk of said Probate Court of Shelby County, to serve from and after the first day of the month following enactment hereof, at and after which time the Clerk of the County Court of Shelby County shall no longer act as Clerk of said Probate Court.

The said Gertrude Decker shall serve as such Clerk until the next general election held pursuant to law, and until her successor is duly elected and qualified. At such election, a Clerk of said Probate Court of Shelby County shall be elected until the general election to be held on the first Thursday in August, 1962, at which time, and every four years thereafter, a Clerk of said Probate Court of Shelby County shall be elected for a term of four years.

Such Deputy Clerks and assistants to the Clerk as may be necessary for the proper operation and administration of the duties of said office of Clerk of the Probate Court of Shelby County, shall be appointed, and their compensation fixed in the same manner as is now provided by law for the appointment and the fixing of compensation of Deputy Probate Court Clerks upon petition by the Clerk to the Judge of the Probate Court.

The Clerk of said Court and his Deputies assigned thereto shall have concurrent authority with the Judge to issue warrants and other process and writ, except those which are required by law to be issued only upon the fiat of a judicial officer.

The terms of said Probate Court shall be held on the first Monday of each and every month, and shall continue until the business of the term is finished; but the Judge, or the Clerk in his absence, may adjourn the Court over to a subsequent day of the term, or until the first day of the next term, and said Court may sit upon its own adjournments.

The Sheriff of Shelby County shall furnish a Deputy to attend the sittings of said Court.

SECTION 4. That the records of the late County Court of Shelby County, and of the present Quorum Court of said county, be, and the same are hereby transferred to the said Probate Court, and all the unfinished business therein shall be proceeded with as if the same had originated in said Probate Court, and all process and publication returnable to either of said Courts shall be as valid as if returnable to, or made in said Probate Court.

The Judge of said Probate Court is hereby vested with the authority to correct all errors and omissions made in the records of the County Court Clerk of Shelby County and particularly with respect to errors and omissions which relate to marriage licenses.

SECTION 5. That the salary of the said Judge of said Probate Court shall be the same as that of the Chancellors and Circuit Judges of Shelby County; Provided, that the same shall be paid by the County Court of Shelby, and it is hereby made the duty of said County Court to make the necessary appropriation therefore.

SECTION 6. That this Act shall take effect from and after its passage, the public welfare requiring it; but the Quorum Court of said county shall continue to exercise the jurisdiction with which it is vested by law, until the Judge of said Probate Court shall be elected and qualified.

Passed: June 24, 1870.