The Hawaiian gazette., 1888-10-16

, In the Supreme Court of the Ha
waiian Islands-In Banco. Jul:
Term, 1888.
In THE MATTER OF THE ACCOUNTS O.
: THE GUARDIAN OF THE MINOR HEIR
OF CHARLES A. LONG, DECEASED.
BEFORE JUDD, c. j., M'oULLY, PRESTON, BIoK
ERToN AND DOLE, u.
Opinion of the Court 6y McCully, j
This matter comes before us upor
an amicable appeal by the guardian
the widow of the decedent being the
contesting party, from the decision
of Mr.. Justice Dole in the Probate
Court upon several matters in the
Masters report on the GUARDIAN
accounts. This report recommends
the payment of certain commissions
which are not claimed by the guar
dian in his account. Thus, the guar
dian, in rendering an account cover
ing four years, while dividing it into
four annual accounts. did not charge
the higher rate of commission of ten
per cent. on the first thousand, and
seven per cent. on the next four
thousand land five per cent. on the
remainder) of receipts and disburse-
ments for each year, but once only.
The charge of a commission for col
Letting rents of property in which
the widow had one-third interest
was, by the guardian, made only
upon the two-thirds belonging to
the minors, the widow being charged
nothing. The Master has placed
this in the guardians account upon
his own impression that it was due
the guardian.
The charge of commissions upon
the capital sum received appears to
have been made in accordance with
the advice of learned counsel, and it
is in accordance with usage which
has not been without the approval in
many instances, of individual Judges
of the Court.
We deem it proper to say that the
accounts and charges of the guar
dian as presented by himself, and
also as modified by the Master, have
considerable of such precedent to
support them, and that the matters
which are hereinafter the subject. of |
correction have not been hitherto
examined in a controversy before
the full Court. So that this may be
as test case, and the judg-
ments given as more precise rules
for the accounts of guardians in the
future.
The several points of the decree
may be stated and discussed sever
ally in order.
The Court first DEGREES
That the said guardian is not
allowed to charge commissions on
he sum of $26,901 received by him
IS such guardian, he having already
'harged commissions thereon as adj
By examination of the record in
he estate of Charles A. Long, it an
'ears that in October, 1880, upon the
pplication of f. A. Schaefer for the
rebate of the will " the Court ap-
ointed the petitioner administrator
nth the will annexed under bond
t $4,000, and guardian of the minor /
his bond as such to be 1
xed at the expiration of the adj S
illustrators duties" l
The will, which is very brief, de- G
Ises his property equally among a
is children, and "my wife Julia to ;.
ave her share according to the law" Z
nd II appoint Mr.. f. A. Schaefer, b
Honolulu, administrator for nv u
lildren." The administrator pro a
'eding with the settlement of the G.
tate December %, 1881, presented n
S first accounts which, as approved a.
the Court January IA, 1882, Il
lowed a balance of receipts to the
Mount of $26,744. a
Included among the disburse- IT
ents are the amounts paid for the m
aintenance and tuition of the chill CT
en-. They are not returned as a m
parate guardians account. M
December q, 1881, Mr.. Schaefer. 6i
guardian, filed petition for a III
ense of the Court to sell a certain a
zee of real estate, the widow con- 10
ring, on the ground of making a 10
tier investment of the proceeds, WI
d the same was afterwards sold. So
In February, 1881, Mr.. Schaefer. tn
administrator and guardian, peti. BY
ned the Probate Court to proceed OF
admeasure the dover of the widow tn
ich was thereafter done. On the
of May, 1883, Mr.. Schaefer Ore. ap
tied his accounts as guardian from dii
tober l, 1881, showing: of
'eipts transferred from the tb ~
't state! .:................... :. $24,223 Sc 1n
eipts from interest .-........ 1,5l2 20 po
,.ua;, S25.7ss 6s
le minors, taxes, commissions, dis
C. -.......--...... l.2s5 10 est
s2444l Is W
me account is Endorsed by the me