Obadiah P. Howell retired from the office of surrogate on the first of January, 1908, after an incumbency of twelve years, with the profound respect of the bar and of the public for both his character and his attainments. Judge Howell possesses an evenly balanced, well poised character which admirably fitted him for the duties of this position.
His abilities as a lawyer were also brought into constant requisition during his terms of office on account of the many new questions which arose under the operation of the transfer tax statutes. These questions were disposed of by him with rigid impartiality, zealous regard for every interest represented, and deep anxiety to arrive at a just and sound conclusion. His careful discrimination in applying the principles of law involved has resulted in a body of decisions which command the respect of both the bar and the judiciary.
Judge Howell was always most conservative. Such was his veneration for the last wishes of a dying testator that if he ever felt it his duty to set aside a will, the fact is not generally known. He gave no encouragement to those frivolous and often merely speculative or intimidating contests which have done so much to bring probate administration into reproach in many jurisdictions.
Judge Howell always exhibited one characteristic which commands special commendation. He never tolerated the merely perfunctory performance of their duties by guardians appointed to represent the interests of minors or incompetents. He exacted the most careful investigation of their rights to the end that they should be fully protected and he so exercised his authority in making appointments as to insure this result. His administration will go down to history as one of the purest and ablest in the annals of the county.
Roswell C. Coleman, who preceded Judge Howell in the office of surrogate, occupying it for twelve years (1883-1895), entered upon his duties with peculiar qualifications for their successful discharge. His professional bent had always been in the direction of practice in the Surrogate's Court and of interest in all the questions arising in the construction of wills. Moreover he began his practice with the senior Joseph W. Gott, an association from which he could not fail to derive benefit as well as pleasure.
His eminently judicial temperament was early recognized by the judges and by his associates with the result that, in the days when references were far more common than they are now, owing to the inadequacy of the judicial force and the necessity for auxiliary requisitions upon the profession, Mr. Coleman was constantly designated by the court and by consent of counsel to serve in important references. His absolute fairness, his love of justice, his freedom from influence and his unerring judgment made him the favorite referee in the county during that entire period of imperfect judicial service which was supplemented in him by an ability fully equal to that of the judge appointing him. I remember an occasion when judge Barnard, in announcing the selection of Mr. Coleman as referee, remarked to the attorney, "Don't let him get after you with his gun," referring to his well-known experience in 1875 as a member of the first American rifle team that ever went abroad, Mr. Coleman returning with several prizes for his skillful marksmanship.
Mr. Coleman's tenure of the office of surrogate was distinguished for the display of those high judicial qualities with which the entire bar had become acquainted in his frequent exercise of them as referee. Indeed, so great was the respect in which they were held that in many contests involving large interests, the parties acquiesced in his decision as final, the defeated party taking no appeal. This was notably the case in the matter of the will of John S. Sammons, in which all his property was given to a church upon the condition that it should care perpetually for his tomb. The church took no appeal from the decision of Surrogate Coleman refusing to admit the will to probate. The opinion of the surrogate is a masterly review of the law of insane delusions as affecting testamentary capacity, pointing out that a will may often be upheld notwithstanding the presence of insane delusions when those delusions do not tend to produce the will. But in this case the will was rejected because the delusion under which the testator labored did govern him in the disposition of his property, he having formed the delusion that his body was to be preserved to the end of time and having given his property to the church to secure the protection of his tomb from disturbance. The opinion contains a very subtle, acute and interesting discussion of other delusions cherished by the testator which would not in themselves have invalidated the will, but which are considered as bearing upon the liability of the testator to form a delusion by which he was controlled in the disposition of his property.
Although the case attracted great attention, the opinion of the surrogate never was reported. For this reason it is especially appropriate that a partial report of it should be preserved in this all too perishable record. The case constitutes, also, one of the notable legal victories of Henry W. Wiggins, who appeared for the contestants.
Mr. Coleman since his retirement from the bench has been honored with many marks of continued confidence in his judicial qualifications. No lawyer now living commands greater respect for the simplicity of his life, the purity of his character, the force of his example, the vigor of his manhood, the solidity of his attainments and the genuineness of his learning than does Roswell C. Coleman.
Henry A. Wadsworth, who preceded Mr. Coleman in twelve years' incumbency of the office of surrogate, brought to its duties a large fund of practical knowledge, common sense and capacity for affairs. His legal attainments were ample and he was deeply anxious in every case to arrive at a sound and just decision. His place in the affections of the bar was accurately as well as touchingly set forth in the memorial address of Judge Hirschberg, in which he said: