History Of Delaware County Indiana Illustrated T.B. Helm 1881                          PROBATE COURT ITS ORGANIZATION—PROCEEDINGS OF THE FIRST TERM—THEJUDGES—PROCEEDINGS OF THE SECOND AND SUBSEQUENT TERMS—AN ABSTRACT  OF THE BUSINESS AT THOSE TERMS—NAMES OFEARLY JUDGES—COMMON PLEAS THE SUCCESSOR OF THE PROBATE COURT  —ITS CAREER AND SUPERSEDURE BY THE CIRCUITCOURT, ETC.          >From the date of the organization of Delaware County, and the subsequent establishment of the Circuit Court therein, the Probate business was transacted in the Circuit Court by the Associate Judges thereof, until, in March 1830, at which time the Delaware Probate Court was organized, pursuant to the forms of law. There cord discloses the proceedings connected there with as follows: March Term,1880. Be it remembered, that, at a called session of the Probate. Court, begun and held at Muncie town, on Tuesday, the 30th day of March, in the county of Delaware, before the Honorables John Rees and Lewis Rees, Associate Judges of the Delaware Circuit Court, and, as such, Judges of the Probate Court of said county.  On motion of Joseph Bennett,the court ordered that the said Bennett be, and is hereby appointed, a guardian for the infant heirs of Catharine Bennett deceased. After this appointment, the court adjourned until court in course, this being-the only case. November Term, 1830. Be it remembered, that, at a session ofthe Probate Court, begun and held at Muncietown, on Thursday, the 4th day ofNovember, in the County of Delaware, the Honorables Samuel McCulloch and JohnTomlinson, Associate Judges of the Delaware Circuit Court, and, as such, Judgesof the Delaware Probate Court were present. Said court met according to an actof the. General Assembly, but did not go into business, for want of the Sheriff . Friday morning, November 5,1830 Court met and proceeded tobusiness.  The first business wasgranting Letters of Administration to Hugh Murphy, on the goods and chattels ofJames Murphy, deceased.  The next casecalled was in the nature of a motion by Isaac Branson to be allowed six mouthsfrom that date in which to settle the estate of Nathan Branson, deceased, ofwhich he was administrator. The court heard the motion, and being satisfied ofthe propriety of the same, granted said administrator the time asked for.  Whereupon the court adjourned until court incourse. On the 10th of November, 1834, John Tomlinson presented hiscommission from the Governor of the State of Indiana, and took his seat as theProbate Judge of Delaware County having taken the oath prescribed by law: Priorto this date, the Associate Judges of the Circuit Court occupied the positionof Judges of the Probate Court of said county, in accordance with theprovisions of law, in order, as follows: John Rees and Lewis Rees, from March,1830, to November, 1830. Samuel McCulloch and John Tomlinson, from November,1830, to November, 1834, when a Probate Judge was elected and exercisedexclusive jurisdiction over the Probate business of the county. For a period ofeighteen years following this date, the Probate business of Delaware County wastransacted in the Probate Court as a separate jurisdiction. Upon the incomingof the new order of things, under the Constitution of 1852, the Probate Courtwas superseded by the Court of Common Pleas, in the management of Probatebusiness, having, also, civil-jurisdiction.           The Judges of the Common Pleas were elected by severalcounties termed a district, and served during a term of four years, beingrestricted in the tenure of office to the service of not more than eight yearsin any period of twelve. Finally, the Probate business having been under thejurisdiction of the Court of Common Pleas for twenty years, by the act         of the Legislature of 18Th, theCommon Pleas Court was abrogated, I and the Probate jurisdiction, transferredto the Circuit Court, where it still remains. During the existence of the oldProbate Court, the position was held iii this county by John Tomlinson forseveral years from his induction into office in 1834. His successor was EnochNation, who continued to hold the place until the final abolition of the court,at the taking effect of the present State Constitution, under which the CommonPleas system was inaugurated. >From 1853, the Judges were W. Marsh, J. M. Haynes and J. J.Cheeney, who held the office in the order of their names, two of them occupyingthe bench during two terms each, and one of them but a single term. At the timethe Common Pleas system was abolished, Judge Cheeney was in office. Since thetransfer of Probate jurisdiction to        the Circuit Court, the Judges transact the business with greaterdispatch than courts have done heretofore.