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8 Erie Cnty. B. Bull. [i] (1941-1942)

handle is hein.baecl/ericoubarb0008 and id is 1 raw text is: Erie County Bar Bulletin
N ol 8--No I        Printed Thru Courtesy of Buffalo Daily Law Journal  Det ember, 1941

Annual Public Speaking
A notice has been sent to all the
members announcing the second
annual seminai in eftecti e public
speaking The seminar is conduct
ed by John S Ryan Chairman of
the Speaker Committee The group
meets once a week and the time
tentatively set fox the meetings is
Friday evenings from 8 00 to 9 30
Each evening the first fifteen
minutes is dev oted to a discussion
of the technique of effective speak
ing   After tle discussion   each
member gn es a short speech and
the entiue gioup gives its criticism
of the speech The numbei of par
ticipants in a group is limited to
about thirty five so that everyone
can participate in the semina
Last yeai a great many more
members indicated a desite to join
the seminar than could be accomo
dated If the same situation occurs
this year Mi Ryan will oiganize a
second group to commence after
the first seminar has been complet
ed which will be At the end of
eight weeks
Certificates Of Membership
The Board of Directoti has acted
upon the recommendation of the
Membership Committee and auth
orized the preparation and distribu
tion of certificates of membership
to all members of the Association
who are in good standing A mem
ber s name is attractively lettered
upon each of the ceitificates and
they are suitably framed for office
display The Board plans to issue
new certificates each veat and the
frames are constructed that the
new certificate can be easily in
set ted in place of the old The Men
bership Committee Charles J Wick
Chairman is handling the distri
bution of the certificates However
if your dues are paid for the curi ent
year and you have not as yet re
ceived your certificate you may
obtain the same at Bar Association
Headquarters in the County Hall
Russ And Burke Appointed
Two vacancies on the Board of
Directors resulted from ibe election
of John F Lane to the office of
President and the resipnation of
Manly Fleischmann from the Board
because of his absence from the
city The Board appointed Hugh
McM Russ and Burke I Burke to
fill these two vacancies

New Surrogate's Court Rules
Judge George T Vandermeulen has formulated the
following Rules for the Surrogate's Court of Erie County
These Rules will become effective January 1st, 1942

1 Due pioof of the service of a
citation and/or waiver thereof must
be filed with the Cleik of the Court
not later than 9 30 A M of the
day on which the citation is return
able so that the Clei k may cer tify
to the Court that the service is in all
respects regulaz other ist the pro
ceeding N ill not be heard on that
2 Appeaiance by oi on behalf of
a paity cited must be signed by the
party ot by his attorney Wheie no
citation has been served on the pex
son appeatng ot wheie th<. citation
has been setved pexsonally asthout
the state or by publication -t wiitten
signed notice of appeai ance shall be
filed wa ith the Cleik duly tcknowl
edged or pi oi ed pursuant to statute
if the appearance is by attorney
there shall be attached to the notice
so filed a wiitten authorization to
appear which shall be acknowledged
or proved pursuant to statute
A person not named in t citation
but who claims to be interested m a
pr oceeding and wishes to intervene
thetein must file similar notice of
appearance together with an affi
davit ot petition show ing in what
way he is intelested in such pro
Where an oider for the publica
tion of a citation is desued it shall
be necessary for the applicant to
submit and file an affidavit describ
ing fully the facts which constitute
the effort and diligence used to as
cei taux the name and post office ad
dress of the party to whom said ci
tation is diected whose name or
post office address is unknown
3 In a proceeding for the probate
ot a will not lost or destroyed the
will and a photostatic or typewiit
ten copy thereof shall be filed with
the petition The correctness of said
typewritten copy shall be shown by
the affidavit of two person, of full
age who shall have compared the
copy with the original will
4 Proof of will shall not be made
in advance of the return day of the
5 When a proposed order dect ee
or decision shall be served with no
tice of settlement thereof the party
served shall not submit any com-
plete substitute therefor but may
submit proposed amendments there

to properly referring by page and
line to the por tions of the paper
sought to be amended and contain
ing after each amendment a state-
ment of the grounds therefor
6 Special Guardians appointed In
accounting pr oceeding. to represent
infants incompetents or persons
who aie unknown or whose where-
abouts are unknown wherein a de
ciee has been entered directing pay
ment of money or delivery of prop
erty to or for the benefit of their
waids must within 60 days of the
date of entry of such decree file a
supplemental report showing that
the decree msofar as it affects the
rights or intei est of then w ards has
been complied with
7 The Court w ill not fix the fees
of attorneys except where the Sur
rogate s Court Act provides for the
fixing of allowances unless the p-o
ceeding is instituted undei Section
231 A of the Sui rogate s Court Act
or wNheie a judicial settlement pro-
ceeding is commenced and the cita
tion specified that application will
be made foi the determination of
fees for services performed
8 An order for a trial by jury in
the Su iogate s Couit or in the Su
pr eme Coui t must be submitted for
settlement upon two days notice to
all parties who have appeated either
personally ot by attoinev and the
special guai dian
9 No paper shall be r emovea from
the files of this office by any person
Ample facilities xm ill be pr ovided for
the examination and transcribing of
all recoids by paities or their at
10 The Court will convene for the
disposition of litigated business dur
ing every month except August and
the fii st fifteen days of September
Calendar call will be held daily ex
cept Wednesdays Saturdays Sun
days and holidays during every
month except August September
and the last ten days of December
During the month of August Calen
dar call will be held on the second
third and fourth Tuesdays and the
Wednesdays following Calendar call
will be held during the month of
September except during the period
from the 1st to the 8th inclusive

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