The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-05-24

Following is the opinion of Judd,
G. j., appealed from:
This is petition for allowance of
final accounts and discharge of the
executors and administrator. The
accounts were referred to master,
who reports no commissions due on
the following facts:
Duncan McBryde died May 10th,
1878, leaving q will by which his
widow, E. A. McBryde, is entitled
to all the income of the estate dur
ing life, with remainder to tesla
tors children.
The executors of said will are f.
A. McBryde, III. a. Widemann (by
appointment October 9th, 1878, after
the probate of the Willy, and Alex
ander McBryde, who became execu-
tor May I'd, 1882, under the will,
upon becoming of age.
The estate, at the death of Mr..
McBryde MAY 10Th, 1879, was a
cattle ranch, consisting of the land
of WahiaWa and the Ieaseholds of
Kalaheo, Laval and Eleele, and
certain real estate in Scotland.
There is no inventory of any per-
sonal property, and no question con-
corning this arises.
The only liability which appears
to have been outstanding against
the estate was a debt due Messrs. T.
II. Davies d Co., of $2614, for adj
vances made to Mr.. McBryde dur
ing his lifetime, for planting cane.
Messrs. Davies & Co. continued to
make advances up to February,
1879, amounting in all to $11 ,498.38,
at which date Mrs. McBryde per-
sonally assumed and paid the said
SUM due Davies & Co., and Mr..
Dreier bought one half interest in
the plantation for $4,000, which
was paid to Messrs. Schaefer & Co.
and placed to Mrs. McBryde's pri-
waite account.
In 1884 Mrs. McBryde, in hel
name, and Mr.. Dreier purchased
the land of Eleele for $4,000, Mrs.
McBryde's one half share of the
purchase money being paid from
the profits of the plantation. liz
1886 Mrs. McBryde, in her own
name, purchased the land of Laval
for $45, 800; the purchase price was
paid from moneys held to her per.
sonal credit by Messrs. Schaefer &
Co., $28, 500, and by Messrs. Davies
q Co., $4,000.
The ranch has been managed by
Alexander McBryde, who has re.
ceived salary therefor. All pro.
duce of the ranch has been con.
signed to Davies & Co., and the
proceeds placed to Mrs. McBryde's
private account.
The plantation has been managed
by Mr.. Dreier, the half owner, al
produce of the plantation consigned
to Schaefer & Co., and one half O.
the profits placed to Mrs. McBryde'.
private account. Such gross receipts
from the ranch have amounted tt
S162, 531. b Mrs. McBryde's one hal
share of the net profits of the plant
alton amount to $15S,914.
The executors have never handled
any of the receipts or expenditure:
from either the ranch or plantation
The services of Messrs. Davies &
Go. and Messrs. Schaefer & Co. have
been compensated for by Mrs. Nc
Bryde individually.
Ihe purchase of the two lands
above named, and the Investment
of some $4,000 belonging to Mrs
McBryde, were negotiated by Mr.
Widemann, for which services hi
was paid by Mrs. McBryde the re
spective sums of $3.50 and $1,000
from her private moneys. Othe,
investments have been made by
Mrs. McBryde of her moneys, with
out consulting Mr.. Widemann.
The accounts submitted as tn,
executors accounts consist of con
densed transcripts of the accounts O
Messrs. Davies & Co. and Messrs
Schaefer & Co., with Mrs. Nc
Bryde.
commissions are claimed by Nj
Widemann upon the whole of tn
receipts of Davies & Co. and Schae
fer d Co., as above set forth. TIL
commissions at the statutory rate o.
the receipts and disbursements q
the ranch and plantation woul
amount to SIS, 293.70. The statut
allows commissions to executors, ad
ministrators and guardians for re
celving and paying out moneys "te