The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1886-10-21
An ExeoutOr,s Respo visibility.

Chief Justice Judd yesterday gave a
second and final hearing, in the Pro
bate Division of the Supreme Court, to
the application for discharge made by
Mr., II. b. Mcintyre, as executor of
the estate of the late w. Wenner lew
eler' Mr.. K. +. Bickerton appeared
for the applicant; Hon. Paul Neumann
for Mr.. A. Wenner, who had been en-
ployed as manager before purchasing
the business, and Mr. w. A. Kinney
for the widow of the deceased, who
opposed the application.
Alter hearing good deal of evi-
dence, some of an expert nature, the
several counsel made their respective
closing arguments.
Mr.. Kinney opposed granting the
application on the following grounds:
That Mr.. A. Wenner was under agree
ment to manage the business for 500 a
month, whereas he has been paid $Ioo;
that the whole matter should be left to
a mixed native and foreign jury; that
the stock had been transferred to Mr..
A. Wenner for GO 2-S per cent of lis
invoice value, and that, while the hon.
esty and good faith of the executor
were not questioned, yet Mr.. Mcintyre
had not executed the trust according
to the strict forms of law. He held that
an advertisement on three consecutive
days in daily paper, with private
sale OF the business three days later, was
not sufficient under the law, and that
the executor would stand in better
position had he more fully advertised
the property and put it up for public
competition, even if by so doing the
realization had proved much smaller
than the price obtained at private sale.
The administration of trusts, he con
tended, was in England and America,
especially in the former, guarded by the
courts with the most sedulous care
everything having to be done in strict
compliance with the law.
Mr.. Neumann argued that the law
and the terms of the will in this case
gave complete discretion to the exc
cutor in the disposal Of the property
to the best Of his judgment as bust
ness man, for the benefit of the widow
and the child The appointment Of
Mr. Mcintyre as sole executor without
bond was proof that the testator re
lied implicitly on his business capacity
and integrity in having the will exc
cuted to the best advantage of the
legatees. There was evidence of those
in the jewelers. business that the price
paid was even more than fair, and, as
to the salary paid the temporary man
ager, it was most reasonable for one
capable of conducting such business.
1t would be preposterous doctrine to
admit, that an executor, to whose bust
ness prudence such trust was
committed, should be debarred from
effecting private sale and compelled
to dispose of the property at auction,
even if it was sacrificed, merely for the
sake Of supposed legal formality More
over, nothing had beeu adduced to
show that the law had been traversed
by lack of due publicity in the course
taken by the executor
Mr.. Bickerton remarked that the
ground had been so fully covered by his
friend that it was unnecessary for him
to speak at length. 1t was in evidence
that before making the sale Mr.. McIn-
tyre had consulted all the principal
jewellers in the city. He had weighty
responsibility upon him with such q
property on his hands, and it would
not have been prudent for him to delay
selling when he had an opportunity Of
doing so to good advantage, or to ex-
pose goods of the nature of those in
question to the risk of loss and sacri
fee involved in exposing them at pub
lie auction.
On the conclusion of argument, the
Chief Justice took the case in deliber
alton.
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p.Isca Gnupt