The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1874-05-27
supreme Court Of the Hawaiian Is
IaudS--In Probate.
In hs matter Of The Guardianship Of Rosa
Barter D,mcrn.

In dIs matter Of the Guardianship q Rosa
Barter Duncan.
Appeal to the Supreme Court in Baneo,
| April Term, \. ID. 1s74.-ALLEN, T. j.,
HARRIs and jun, J. J.
Mr.. Justice Judd delivered the opinion
/ of the Court: Daniel L. True was qualified
as Guardian Of Rosa Bartlett, a minor, on
the 25th of July, 1859; and received the
sum of Sl,O97.45 rs his wards estate
No accounts we're filed by him as requir-
ed by the Statute and the terms OF his
bond, but OH the 10th October 1878, he Is
brought into Court on the petition OF his
ward who mad become of age and had
married.
In this account, thus compelled, the
guardian charges the sum of l,S3O.l5
for board of the ward from June 1858, to
July 1870, twelve years, at the rate OF 50
per week, and shows an expenditure OF
S24O. for clothing and schooling. It does
not appear that the funds of the estate
were invested, or that the guardian had
made application to the Court TO be al
lowed to use the principal for the main
tenance Of the ward. Both parties ap-
pealed
5. b. Dole, Esq, for the Guardian. Our
Statutes allow a guardian to use the prln-
cipal of wards estate for maintenance.
Commissions should be allowed on the IN
terest charged against him.
l. McCully, Esq, for the Ward The
guardian may not break into his wards
principal without leave Of the Court, and
then only on express and necessary cause
shown.
Per C,riam: The Civil Code authorizes
n guardian to pay all just debts due from
the ward out of his personal estate; but
the "debts" mentioned in this section
are not those incurred by the guardian for
maintenance of the ward during the pro
gress of the trust.
After the debts which were incurred by
the ward before the inception of the trust
are paid, the balance constitutes the prig
cipal. which must be invested by the
guardian, and the income and profits ac-
cruing from it are all that the guardian
may expend for maintenance Of his ward.
This is the obvious meaning Of Sections
1857 and 1858 of the Civil Code.
A guardian may not Of his own au-
thority encroach upon the principal Of
wards estate for the purpose Of maintain .
ing his ward, and it is imperative upon
him to obtain the leave and direction Of
the Court before he can touch the priuci- .
pal for such purposes.
In this case, however, no application .
was made by the guardian for the direc- .
ton of the Court, but he has assumed the /
authority.
1t is the duty of guardian 70 keep the .
money belonging 20 the trust estate pro- .
perry invested, and if he neglects to make
investments he is chargeable with inter
est.
Walker VS.. Wetherell, Vesey J, 473; F
In re Bostwick, 4 John. Oh. 90; De Peg
ster VS.. Clarkson, Wendell, rs. Ap-
plying these principles TO the case before
US, the Guardian True must account for
the whole of the principal sum remaining
in his hands, after paying the debts Of his
ward, which we find as follows:
Amount Of Cash received by Guardian 1907 g.
Deduct debts Of che Ward, viz. for
clothing, schooling. &c, Of Rosa
Bartlett from June ] TO 1855 90 July
p, 1853, when the trust bcrau....S G3
Also board, washing and lodging for
same period, 50 weeks 40 S3........fT
Also Statute commissions ............lOG 50
$50 g.