The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-03-03
oPraIoS OF rHE COURT By JUDD, G

OPINION or rHE COURT 81 JUDD, CT.
In September, 1892. there was ra-
served by Circuit Judge Kspoikai Of
tue Second Circuit Court sitting Ia
Probate question for the determin-
alton OF the Suprsne Court The
question arose during the settlement
Of the accounts OF Maria EspInda.
Executrfx Of the Will Of Jose
Fsuinda IN the Probate Court. IL Is
stated as follows. 1T - claimed on
behalf Of the distributes that tne
Executrfx was cnargeable with inter
est up0n all amounts received by her
anu not immediately applied 20 the
purposes Of the viii after the expIra
ZION Of a reasonable time say eight
months from the date OF her appolnt
ment. This claim was disputed anu
opposed by me ExecutrIx.
The agreed statement OF facts
shows that the testatur, Jose
Fspiuda died Oct 10, 1889. leaving
an estate consisting OF lands. lease
holds. cattle. horses. dairy and a
daIrv outfit and other personal prop
erry- h q. Treadway Was appoint
ed temporary administrator The
viii Was admitted 20 probate ON the
18th NAY. 1890. and the Exeeutrx
qualified III the month following.
The Executives account shows
that ON the 10Th May, 1880, she re-
csived from the temporary admins
traitor SaA69 Ii The Will after max
ing several specific beaue5tE. LETT 20
the wife tine ExecufExj IN lieu on
Cfovyer. zone third OF the interest de-
rived from nv real estate and per
sonAI property during her lie
time AL the rest OF the estate the
restaIor gave and hedueHthed TO hls
sons Manuel. Henry and Philip. and
TO his daughters MARY, Mary Ann
ana Elizabeth aud To the tesfator'5
wifeis Two SOILS Joseph and David.
In short. the. widow has lie estate
IN one third Oh the property and tns
deyises=. eighf N number nave the
reEnRinder share. and SNARE alike
The accounts snow that the stock
and 0tiIer personal property was sold
and various amounts realized and
thar the debts were paid ana that the
balance TO ba paid over to the Deuefl-
ciarIes was SS4143l the amount no
ON which the widow IS I'd receive the
interest. and S6S2S So 70 os divided
among the eignt devIsess-
This account was made bv the
Exeeutrix ON the petition OF one OF
the devisees and the day OF hearing
YVES aUDOinfed TO be the 18th
Auousr. 1892 The matter was con-
timed TO the 10th September and
after hearing an order was made by
the Probate Court approving the
accounts and the ExecutrIx was re-
ieved from further responsibility
sssxcaDting that there shall De retain
al from her dover until the said
claim OF interest shall be satisfied an
amouut sufficient TO cover the same
not exceeding $1,000, until the decis'
ion OF the Supreme Court n Bsuco
thereon The order also directed
the amounts found due TO "a paid 70
the various devisees taking their re-
caipts &c
We received the briefs OF counsel
IN this submission only during the
cnrrent month. although the reser7e-
ton OF this question vas made on
the 10TH September, 1892. It - not
orr province TO inquire into this de-
Iav. nor why the order OF distribution
was not executed, nor with the pres
snt status OF the fund
We make these observations be-
cause We lind that the statement OF
the reserved question - prefsced Dy
an agreement signed by counsel foI
tho Erecntrix and the Distributes,
that ath,- question of InteTeet, the
verI0u= matters connected herewith,
the accounts commissions, - sp-
nssr- mon annexed statements rom
rbe. .ese ss heard before the Second
Circrit Judge at Wailuku. and the
forro and matter for q iiDsl order
shall NJ heard and determined by the
Sunrerpe Court - We cannot entertain
original iuri sriicsiOn IN such = case %
.c,reernert Of counsel, such lnrisdic-
ton being not conferred % ststute
On the reserved question we ind
the sEz we'll settled that an Admins
traitor CREscgtFix In this case) whose
dufv Il - to cOllecs he ssssts and
v,s-- The def,Es Of the decsdent add
nav the ieosciss or devi-es according
TO the will j. chsrgssble with inter
est. when the administrator without
any mat reason Or eTcuse, retains
the ro0nOv 10 NE hsnds uuern~
Moved when % ought 20 DO peid
over Griswoid VI Chandler, , " =.
~.
z FoeTcl. Law. 426 and nunerocs
c7see cited.
Generally IN sdninistrator y not
e5arveeble with interest until The eT-
uiration Of year after he trust be-
oius. that period being The one
usuelly prescribed ~ ststuts for