The Hawaiian gazette., 1888-10-16

Clerk as merged into the final &C
count of the administrator February
rs, 1884"
April 4, 1884, the administrator
having previously fled his final &C
count and petitioned for discharge,
was discharged upon filing receipts
for balance of the dover and of ''F.
A. Schaefer, guardian of the minors,
for S26,139 40" His bond, as adj
ministrator was ordered cancelled,
and he was ordered to file new
bond for $4,000 as guardian.
1t appears thus that Mr. Schaefer
was the guardian as appointed by
the will and confirmed by the Court,
and likewise administrator with the
will annexed by appointment of the
Court. He was not required to give
a guardians bond until he had con-
Guided his duties and been dis
charged as administrator, for the en-
tire funds of the estate were secured
by the administrators bond, and the
! guardian must be considered as re-
ceiving from the estate only the
money which he disbursed for the
minors.
AS administrator he was entitled
to the statute fees and received them,
and it is not doubted that the Offices
and functions of administrator and
of guardian are separate even when
held by the same person. They may
be held by different persons, and fire.
quently are. In the present case
Mr.. Schaefer might have been APP
pointed administrator, and during
the continuance of the administra-
ton have paid to another as the
guardian from time to time amounts
to meet the expenses and disburse-
ments for the minors.
The guardian in either case would |
be entitled to the statute commits
sions on the amount so received and |
disbursed.
Now, at the passing the final &C
counts of administration, the trans
fer is manifestly made of the re-
mainder of the administered estate,
with the dover subtracted, to the
guardian, who then gives a bond
conditioned for the special RESPONSE
bilities and duties of a guardian,
differing in many respects from
those of an administrator.
The contention of the contestant
is, that the guardian should not be
allowed commissions on the-balance
of the estate belonging to the minors,
because he has received a commits
sion on the same for the administer
ing. But the statute gives commits |
sions to guardian for guardian ser
vices without making an exception !
for the case where his has done the
service of administrator.
The statute, page 421, Compiled
Laws, gives guardians, as also adj {
and executors, for re-
ceiving and paying out moneys ten I
cents for every dollar up to and not !
exceeding one thousand, seven cents
Tor every dollar between one thous- i
and and five thousand, and five cents +
or every dollar over five thousand" C
These percentages are for money C
both received and disbursed. They u
,annot be considered as being ap- +,
)ortionable one-half to the receipts u
md one-half to the disbursements.
Where this is the intention of the n
aw, it is SO expressed. See Section b
"a at page 293 of the Compiled Il
laws, where the commissions of the CT
ssignees of a bankrupt were made OF
! per cent. on all the property re- m
eived, and q per cent. on all pro &C
erty disbursed by them, afterwards al
9pealed by the Bankrupt Act of do
884, which ordains five per cent. on te
Il moneys received and paid out. 10
n the end everything received is
aid out by the guardian, the capital di
I'M increased or diminished, as the en-
come may have been greater or SCI
IS than the disbursements, being mr.
aid to the ward or wards.
The Court requires an annual ac- at,
uniting, and at sthese annual rests bn
lows on the income received and HI
sbursed percentage of ten, seven mi
i'd five per cent. If the increment cei
greater than the disbursement. mc
9 excess is added to the principal. ali
is only upon the disbursement of acc
9 principal, or the final distribu- !
IN OF it that commissions become rer
e in full thereon. The guardian nri
ip is considered as an entirety FIJI
I'M the beginning until it is closed.
new guardian appointed in the s
ice of an old one continues the -
vice; for it is the same function
finished, in this differing from a
ardian who receives funds from -
administrator.
It must be held that to take out
commission for receiving and dis
rising the principal at the begin
g of the guardianship would be
icipatory, and might result in
IMPLICATIONS in case Of the appoint
MT OF a new guardian, for ex-
pie, by reason of the death of the
t.
uardians may charge commissions
the end of each annual account
dered upon all actual disburse-
1ts during the term, not to in
de Investments, and at the ter
latlon of his guardianship, com
sions to be allowed him for the \
lnCe of funds accounted for h.