ITS ORGANIZATION�PROCEEDINGS OF THE FIRST TERM�THE JUDGES�PROCEEDINGS OF THE SECOND AND SUBSEQUENT TERMS�AN ABSTRACT� OF THE BUSINESS AT THOSE TERMS�NAMES OF EARLY JUDGES�COMMON PLEAS THE SUCCESSOR OF THE PROBATE COURT�ITS CAREER AND SUPERSEDURE BY THE CIRCUIT COURT, 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 of the Probate Court, begun and held at Muncietown, on Thursday, the 4th day of November, in the County of Delaware, the Honorables Samuel McCulloch and John Tomlinson, Associate Judges of the Delaware Circuit Court, and, as such, Judges of the Delaware Probate Court were present. Said court met according to an act of the General Assembly, but did not go into business, for want of the Sheriff.

Friday morning, November 5,1830 Court met and proceeded to business.� The first business was granting Letters of Administration to Hugh Murphy, on the goods and chattels of James Murphy, deceased.� The next case called was in the nature of a motion by Isaac Branson to be allowed six mouths from that date in which to settle the estate of Nathan Branson, deceased, of which he was administrator. The court heard the motion, and being satisfied o fthe 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 his commission from the Governor of the State of Indiana, and took his seat as the Probate Judge of Delaware County having taken the oath prescribed by law: Prior to this date, the Associate Judges of the Circuit Court occupied the position of Judges of the Probate Court of said county, in accordance with the provisions 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 exercised exclusive jurisdiction over the Probate business of the county. For a period of eighteen years following this date, the Probate business of Delaware County was transacted in the Probate Court as a separate jurisdiction. Upon the incoming of the new order of things, under the Constitution of 1852, the Probate Court was superseded by the Court of Common Pleas, in the management of Probate business, having, also, civil-jurisdiction. The Judges of the Common Pleas were elected by several counties termed a district, and served during a term of four years, being restricted in the tenure of office to the service of not more than eight years in 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, the Common Pleas Court was abrogated, and the Probate jurisdiction, transferred to the Circuit Court, where it still remains. During the existence of the old Probate Court, the position was held in this county by John Tomlinson for several years from his induction into office in 1834. His successor was Enoch Nation, 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 Common Pleas 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 occupying the bench during two terms each, and one of them but a single term. At the time the Common Pleas system was abolished, Judge Cheeney was in office. Since the transfer of Probate jurisdiction to�the Circuit Court, the Judges transact the business with greater dispatch than courts have done heretofore. (Page 51)

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