James DeWitt Benson II

1922 - 2011

James DeWitt

Benson II

WINSTON-SALEM, NC- Judge Benson, 88, died on May 10, 2011 in North Carolina, with family nearby.

The Judge was born September 24, 1922, at the 1740 family Farm in Amenia, NY. This became his beloved home for much of his adult life. Benson was a direct descendant of Dr. Josiah Bartlett, signer of the Declaration of Independence.

While at Cornell University, Judge Benson married Catherine Deck, the mother of his five children. He enrolled in ROTC; serving for three years as a U.S. Army Captain stationed in the Philippines during WWII. He remained in the Army Reserves for many years. After discharge from the service, Benson returned to Ithaca, N.Y. where he completed his studies, ultimately earning his J.D. from Cornell. He was soon admitted to the New York State Bar Association. Judge Benson built a private law and real estate brokerage practice In Pawling, NY.

He served as Confidential Law Secretary for Hon. John P. Donahoe, Justice of the Supreme Court, Putnam County, from 1962 until 1976. During those years, he served as the Pawling Town Clerk. In 1976, Benson was elected Dutchess County Attorney. Following his term in office, he was elected Dutchess County Executive; then Justice of the Surrogate's Court before becoming Acting Supreme Court Justice of the 9th Judicial District in which he served for ten years. As a Supreme Court Justice, the Judge presided over numerous cases grounded in environmental and municipal law.

Following retirement from the bench, Judge Benson practied as legal counsel at the Poughkeepsie law firm of VanDeWater and VanDeWater, where he practiced, inter alia, estates, trusts, litigation, environmental and municipal law. Benson presided as appointed Judicial Hearing Officer over actions in eight counties in Eastern New York State.

In 1998, West Group published the six volume series General Practice In New York, co-edited by Benson.

Judge Benson was a member of the Executive Committee of the Dutchess County Environmental Management Council, a trustee of the Sharon Hospital, Sharon, CT, a member of the Aldo Leopold Society of the Institute of Ecosystems Studies, and Chairman of the Long Rang Planning Committee of the New York YMCA Holiday Hills Board of Managers.

Judge Benson is survived by his children: Catherine DeWitt Benson Kornegay, of Summerfield, NC, Marylou Benson, of Danbury, CT, James D. Benson III, of Pawling, NY, Rachele Benson, of Brattleboro, VT,

seven grandchildren and three great grandchildren.

His children thank his peers and associates in Dutchess County and the Dutchess County Bar Association for their continued support and kindnesses towards our Dad, who preferred that we also call him "Judge".