Page:The New International Encyclopædia 1st ed. v. 16.djvu/490

* PROBABILITY. 423 PROBATION AFTER DEATH. to the discussion of errors of observation. Laplace (1774) made the first attempt to deduce a rule for the combination o£ observations from the principles of the theory of probabilities. Ue rep- resented the law of probability of errors by a cun-e y = B(x), x being any error and y its probability, and laid down three properties of this curve: (1) It is symmetric as to the •axis; («) the X-axis is an asymptote, the probability of" the error oo being 0; (3) the area inclosed is 1 it being certain that an error exists. He deduced also a formula for the mean of three observations moii" the contributors to flie general theory of probabilities in the nineteenth century 'lave been besides Laplace, Lacroix (ISlfl), Littrow (1833) Ouetelet (18.53), Dedekind (18G0), Helmert (1872). and Laurent (1873). On the geometric side the influence of Miller and The Educaiioruil Times has been marked. The literature of the subject is very extensive. Of the recent works, besides those already mentioned, the following are among the most important: Czuber, Gcomrinsche M-iiUrscheinlichkrIleii und Mittclwerte (Leipzig, 1884- French trans., Paris, 1902) ; Hcrz, lla/;?-- schcfnlichkcits und Ausgleichungsrcchmiiig (Leip- zif 1900) • Kries, Die Principicn der Wahrnchem- VMcits-Rechnuug (Freiburg. IS^") ; Poincare, Cakul (J^s prohabilites (Paris. 1896) ; hitworth. Choice and Chance (Cambridge. 3d ed, 18/8). The following earlier works are also well known: Cournot, ExpoMtion. de la thcoric dcx chances et des probahilitcs (Paris. 1843) ; Dc Jlorgan, Es- san on rrobnhnilies (London, 1838); Lacroix, Trailc clcmentaire du calcul des prohabilttes (Paris 1833) ; Poisson, Itecherches snr la proba- bilile des memcnis (Paris, 1837). For the early history of the subject, consult Todhunter, His- tory of the Mathematical Theory of Probability (Cambridge, 1805). For the later history and for a brief essay on the theory, consult Mernman and Woodward, Higher Mathematics (New York, 1896). PROBATE COURT (Lat. probatus, p.p. of prohaic, to test, examine, from probiis, good). A court whose original functions consist in the probate of wills and the administration of de- cedents' estates. In England it dates from the Court of Probate Act of 18.57 (20-21 Vict., cm ) a statute which conferred upon this new tribunal all the powers and duties in probate matters, which the Prerogative Court of the Archbishop of Canterbury then had. Bv the Judication Act of 1873 (36-37 Viet., c.66) it became a part of the Supreme Court of Judication under the title of the Probate Division. Besides the judges of this division of the High Court of Justice, there are various registrars, record keepers, and minor officials assigned to the registry districts into which the kingdom is divided. Each district registrar has power to grant probate of wills or letters of administration, upon estates of persons having a fixed abode within the district at the time of death, provided no opposition is made thereto. In case of litigation, however, the pro- ecedin"S for probate must be taken in the proper County Court, or in the Probate Division of the Hi:ih Court. In the United States, probate courts have been temporal tribunals from the first. This was inevitable for tlicre were no Church establish- ments in' connection with which ecclesia.stical courts could be organized after the English model. Hence the various colonies conferred the powers of proving and registering wills, of granting let- ters of administration, and the like, upon some minor civil tribunal, such as the County Court in Massachusetts, or the Court of Burgomasters in New- York, while that colony belonged to Holland, or the Court of Common Pleas after it passed under English rule. In many of the States at present probate tribunals are distinct courts, with original and extensive jurisdiction not only over the probate of wills and the admiiiistrati<}n of decedents' estates, but over the appointment of guardians to minor and other legally incompetent persons, over petitions for the adoption of chil- dren, and the change of names. In other States these functions are imposed l)y statute upon different local tribunals, such as district and county courts. Even in States of the former class, the tribunals are variously designated, as Courts of Probate, Surrogates' courts. Ordinary's courts, or Orphans' courts. They are always inferior courts from whose decisions appeals may be taken to higher tribunals. For their jurisdic- tion and powers, the statutes in each State must be consulted. See Nelson, Handbook on Probate Practice (London, 1901); Powles and Oakley, Principles and Practice of the Court of Probate (ib., 1892) ; Smith, Practice and Proceedings in the Probate Courts (Boston, 1894) ; Redfield, Law and Practice of Surrogates' Courts in the State of Xciv York (New York, 1894). PROBATION AFTER DEATH ( Lat. probs- tio, from probare, to test, examine). A theologi- cal doctrine according to which man's future destiny is not unalterably fixed at death, but either" all men or a certain class of men will be placed on trial in another life for a definite period or until they shall have yielded to God's redeeming love. In one form or another this doctrine has been held by many Jews and Chris- tian.? since, under the influence of Persian and Greek thought, the idea of future punishment developed among them. ( See Heli,. ) Some have thought of a fixed period extending from the death of the individual to the final judgment; others have made the period indefinite in length, depending upon the intensity of the soul's re- sistance to the grace of God. Some limit pro- bation after death to such persons as have not had opportunity in this life of accepting Christ; others think that the same privilege will be extended to all men. Scriptural support for the doctrine has generally been sought in I. Peter iii. 19-20, iv. 6, in 'which a critical exegesis unquestionably is obliged to find the belief ex- pressed that" Jesus, after his death, went to Hades to proclaim the gospel to one class of the' dead, viz. those who had been disobedient in the daj-s of Noah. While the advocates of future probation have emphasized the necessity of actual knowledge of the life, teachings, death, and resur- rection of Jesus, many defenders of the ollicially recognized .system of eschatoIog>' have regarded sucli^ knowle'dge as of less importance than the moral and religious disposition that under favor- able circumstances may find expression in a free and intelligent acceptance of Christ. A changed estimate of the value of the statements of B'lble and creeds, and new methods of approach to the whole subject of man's future existence, have tended to remove from public discussion what once was a very burning question. Consult: Dorner System der christlichen GlaubensleHre