The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1894-02-05

In the CIRCUIT Our' OF me j lrSt Circuit.
Honolulu. Oahu, ~. In the matt, r
of the Estatc Of James Frederick
Otto Banning. In Probate. Before
the Hon. Henry f. Conpcr,a Chamb-
Crs. Amended Petition for Rcvuk-
ing Order Discharging Administrator
with the Will Annexed.
The petition Of b II. Banning herein
filed. Is hereby amended so rs to read as
follows. viz:
The pytiton Of Clara H. Banning. Of
the city Of Oakland. in the STATE Of Cali
fornia, widow of james Frederick Otto
Banning. late of Honolulu, in the Island
OF Oahu. deceased tostate. and of Bern
hardt Rudolph Banning Of sail City Of
Oakland. son OF the said tcstator respect
fully shows ~ follows:
That on The ,ri day Of November. \. ID.
1855. William +. Allen Of said Honolulu,
wa rppointrd by Edward Preston. jus.
tice Of the Supreme Court OF IT," Hawai-
ian islands sitting in Probate. admins
TRAITOR with the will annexed of the estate
~ The enii james Frrd"rirk OTTO Ran
niug and on the 9TH day Uf November. y.
-. 1850. said William +. Allen. qualified
az such administrator with the will an
nexcd Ivy filing his approved bond IN tn
sum of One Hundred Thousand Dollars
with s. G. Allen and J.. G. Jones. each of
said Honolulu. ~ srrciirs and entered
upon The performance Of his duties IA
such administrator with the will anncx"d
and continued in the performance there
OF up to tuc 18th day IT February. \. ID.
1873. when upnn his p, tition heard before
Honorable W. 4. Fuar. Judge of the
Circuit Court of the First Circuit. of
which n copy marked Exhibit "a il
hereto annexed and mndr part hereof.
said ". +. Frpar Judge IA aforesaid.
made the order uf which copy marked
"B" l. hereto attached and mad" u part
hereof. and thCrrupon the said bond of
said administrator with the will annexed
wns cancrl!cd and tho said administrator
with tho will annexed was discharged. his
accounts wore allowed. and he was order
cd 10 Il liver over tn property rcmnin-
ing in hi- hands Ia your petitioners, who
Were declared tn - entitled Ia the sum
Of Sil.3gL;2'' each
That sid petition for discharge and
the sail Os,lCr thereon were made under
a misGpprChCnsic Hrd mistake 81 fact
shared both hy said William +. Allen and
said Judge Frcur aforesaid to wit that
all the powers given 10 and the duties
imposed upon the said administrator with
the will nnncx"d by said will and which
by III" terms thereof and by law were
rcauirrd Ia b. executed by the said
administrator with tho will annexed had
been fully executed and performed and
that nothing further remained 20 bc done
under alid will whereas In fact many
powers given to and duties imposed upon
said administrator with the will annexed
by said will and otherwise remained AMI
still remain unpcrformrd and uncXccutCd
and muIc particularly ani ~ appears 10y
said will The original 81 which is on file
In this cause and court. and 10 which the
petitioners crave ave Ia refer, onc.half
Of the funds belonging To- tho trust crcni-
ed Hereunder was Ia r'mnin In the pos.
session and control 81 a,id alininsirat or
with the will nnn"T II a." and daring the
life time Of ,l.r said Clara Il. Banning.
the net inc0m' IL .ail half 10 90 Ia her
for ill., AMI uf,"r her death sGid half To 90
Ia ami m'cnnI' the absolute property III
the said B'ruhunlL Rudolph Banning u
hc survived her. tn preservation 81 sHid
half az rnid fund ininct during tll" life
time Of s'id widow h'crming thereby and
being n pnSitiv" duty imposed upon aid
administrator with tlio will annexed.
THAI .ail ". +. Allen flied no invcn.
tory m ur,I administrator but that on
the 20h dizzy u, October. \. -. lS~i, the
snid William +. All'n. ~ temporary al
minist raior of the said E,trrc, tiled in
said PrOhatr Court his inventory ui the
assets of sud listu'r. showing AN csiimnt.
cd value of ~I~2. ~ aud thereafter that
the aid William +, All n, ~ such admin.
istr,tur with the will annexed, sold and
realiZ,al upon the said n>''rtS the sum ui
SiGJ. ~ - in United States gold coin ar
its equivalent, bat lTlS since He'd IN the
Probate Court no Sprci'ir account what
socvcr. showing IN detail his investments
Of said funds ar his receipts of income
from such investments. or Of his cNpcnh-
iturrs of or cnncci ming the trust fund ~
received by him ~ aforesaid; and your
petitioners specifically deny that SEIZED
ules 4 anl u refereed to in the said prti-
ton by llc said William +. Allen a. pre-
sentcd 10 the Court Herewith Were there.
with iilrd ar presented.
And your prtitinnc ~ iurth"r show that
the trust funds 80 ~ ufOrcsdid received
by thu said William +. Allen. except such
part ar parts thereof ~ were by him "X-
pended and paid Tor purposes authorized
by said will wrr" 10y him invested in the
securitirS mrntinn"d in Schedule { here
to appended and mnir par; hereof, which
said sCcuritis with the exception OF
those of them which are Hawaiian Gov
eminent bonds are not proper invest
ments rs your petitioners submit nf trust
moneys. nn are investments IN spccua-
tive, uncertain, shifting AMI nn afr -c"ar-
tiles.
And thu petitioners rurh"rnvcr that
the Probate cudr before N.rlu III" said
petition 81 Nlih m +, All, u ""s present
ed was IN no way informed Of ia" natur"
Of lii" sail investments. ana therefore
could NJ property lanN upon or approx"
tn" Simr'.
And your petitioners further aver that
they were, INSURED toy ~" said William +,
Alln that with IN" exception al certain
SHttlr mi WHOM iron Works Co. socur-
tiles. u.l Of the .#lih securities w,T" safe
sound AMI proper for tn" investment OF
til, sul trrlsr furl9 aud your petitioners
relied upon uud ~ !i'vrd such assurance
to b. we'll c"lni"d III irri un,il AFTER IL,
sail ordrr had been mad" 10y judge
Fr,ur. VIII . 'h"y for ~" lir~r time learn
ed that thu same wur" not sif'. ,Ound 81
proper =. curltirS for th" investment 81
trust funGs.