The Hawaiian gazette., 1888-10-16

dover it is clearly wrong, as is an
! parent by the statement in this form
And if it is intended that the guar
dian shall charge the two-thirds in.
terest OF the minors in an any estate
which is held undivided and in com
mon with full commissions, which
must be the only other thing meant,
we are not of this opinion. We learn
from the estate proceedings that
there is some property so held in
common. If it is found necessary,
IN fact, that this property should be
managed and the rents collected by
one person, and he the guardian, he
is for this purpose the agent OF
attorney in fact for the widow, and
they must make their arrangements
as to the agents compensation. It
would be clearly illegal to charge
the minors half as much again as
the law allows, which taking the
whole rate from the two third owners,
would amount to.
The third article of the decree
allows the statute charge of ten,
seven and five per cent. only on the
aggregate of the business for the
four years, of which accounts were
rendered at the same time, although
with separation of the accounts of
each year. There is no statute regu-
lating this, but we think it a lust
rule to make, and to be uniformly
followed hereafter, that the commits
sion at the rate of ten per cent. for
the first thousand, and of seven per
cent. on the next four thousand,
shall be allowed on each years ac-
count only when it is rendered an
nually.
The term of year is the most
and most convenient unit of
time IN contracts of investments by
trustees. Money is loaned and Sc
cured by mortgages at an annual
rate of interest, although it may be
payable at quarterly or semi-annuaI
periods. Real estate is generally
leased by the year, although the
rents may be payable at shorter
terms. 1t is advisable that the guar
han report to the Court at no longer
interval, and the rests in his account
should correspond with the annual
erm. 1t will be an incentive to .
ounctuality in observing this term d
1 the larger commission depends on
The language of the bond is, that
he guardian shall render his account
within one year from the date of his
appointment, and at such times
hereafter as the Court shall order.
md 1T has been a uniform practice
q our Probate Court to order him to
lie his account at the end of every
ear from the date OF appointment.
The next point in the decree re-
ards charges against the widow for
Insurance on the Punchbowl street
remises, which have been set apart
l her dover.
1t seems to us that if the guardian
lsures to protect the revisionary in
'rest of his wards it should not be
aarged to the widow, and that a
large against the widow has no .
lace IL this account, which is limited
the transactions of guardian and
ards.
An account of the receipts and
iyments from the investments must
included in the accounts. In all
e accounts there must be a dis
made between property
chattels received in specie and
oneys, 1t is only upon money re-
wed and disbursed that the statute
ows commissions. Tie rule laid
wn IN re the Estate of Frank Mol
no, 3 Haw., p. 2SS, is to be fol-
we'd. z,
We find no inventory by the guar AZ
IN on the files. He should file one a !,
and describing the
'eral items of real and personal y
1perty received by him.
lis accounts should show separ-
ly the re-inyestments and dis
rsements for current expenses
should not take the whole com.
'slon out in the first year for re-
wing the principal Of the wards =
ney, but leave it to the Court to
wv such an amount to be taken on
CUNT as it may deem proper.
t will be necessary, therefore, to
der new accounts adjusted by the
lc1ples and rules laid down in
decision.
nd it is so ordered.
eptember 20, 1888.