The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-01


tive. The words of the statute are a
follows:
Executors, administrators anC
| guardians shall be allowed the follow
ing commissions upon all moneys re
ceived and accounted for by them
that is TO say:
"Upon all moneys received repre-
senting the estate at the time OF the
| institution of the trust, such as cash
! in hand and moneys realized from
! securities, investments, and from
sales of real estate and personal prop
! erty other than interest, rents, divi-
dends and other profits coming due
after the inception of the trust, two
and one-half per centum.
"Upon the final payment thereof OF
any part thereof, two and one-half
| per centum.
provided, however, that no COM
missions shall be allowed as for final
payments of such moneys except upon
amounts actually expended and upon
balances paid into Court or to thepar-
ties thereto entitled, upon the final
settlement of the services for which
such executors, administrators or
guardians shall have been appointed
and qualified.
Upon all moneys received in the
nature of revenue or income of the
estate, such as rents, interest and gen
eral profits, ten per centum for the
first thousand dollars, seven per GEN.
tum for the next four thousand dol
lars, and five per centum for all
amounts over and above the first five
thousand dollars.
"Such commissions of ten, seven
and five per centum, to be allowed
upon each accounting when made,
but not oftener than once year"
section >. The provisions of this
Act shall apply as well to all future
accounting in existing trust estates as
to new trusts"
The conclusion of the Circuit Judge
that the commissions allowed were
not due at the time of hearing on the
End of February, 1888, and did not be-.
come due until the law of 1892 went
into effect, cannot be supported. The
investment of the funds held by the
administrator were a disbursement
under the terms of the will and the
commissions were at that time prop
erly allowed under the statute thus in
1Orce. If any error of computation or
otherwise existed, it could unques-
tiOnably be corrected at any time, but
such error does not appear.
The claim of the administrator to
upon the share paid or
delivered to B. r. Banning cannot be
allowed. Under the settlement of his
account by Mr.. Justice Preston, he
has been allowed all the compensation
to which he is entitled except such as
the law in force before the statute of
1892 and thereafter the statute of 1892
allows him for collections and pay
ments over of reserve, increase, gain,
etc., which is computable as follows:
five per centum upon all such collec- |
tons and payments prior to the time |
when the statute of 1892 went into |
effect, and thereafter ten per centum |
upon the first five thousand dollars; |
seven per centum upon the next four |
thousand dollars; and five per centum |
upon the remainder up to the closing |
If his accounts.
Irrespective of the fact that the de- |
,ision in the Long minor estate, VII. |
Haw. 36S, was rendered subsequently, |
~ lllC dl1O" GAICC vi
1y Mr.. Justice Preston in the Banning |
natter, nothing settled in the case
,ited conflicts with the view expressed |
herein.
The Court there holds that the COM
MISSIONS cannot be divided so as to be |
part of receipts and part |
o disbursements. In the present |
natter Mr.. Preston appears to have
aiken the reasonable view, that
where a trust directing the invest
nent of the funds of the estate in
pecific manner follows the admins
ration, the showing that the funds of
he estate have been invested closes
he administration. pro tdnto and the
is entitled to commits
ions on the amount so invested.
We now continue the statement of
acts from Judge Cooper's decision:
1.-THE administrator filed his second
ccount November 9th, 1888, third
ccount December I'd, 1889, fourth
ccount November 3rd, 1891; these
ccounts were examined and approved !
n due course. There was no appear
nee on the part of the present con.
at any of these hearings. At
he time the administrator filed his
bird account he made the suggestion
hat ii be considered his final account,
ut it appearing that there We're out
landing debts that might be collect
d, the Court declined to allow his
ischarge. On January 10, 1898, the
filed his fifth account
nd with ii his petition for discharge.
he matter came on for hearing on
'ebruary 10, 1898, there being present
he administrator and Rudolph Ban
ing. The accounts show the total
mount of investments to be Sl44, $685.
I; but the administrator reported a
,ss of $4,000, upon the bonds of the
'niOn Iron Works Company of Ho- {
olulu, this sum being deducted left a Z
alance of $l42, 1904. The accounts
ere examined and Mr.. Banning eX- I
ressed his satisfaction with them, {
nd that he was ready TO receipt for '
is share of the estate assets; they {
ere approved, and the assets of the i
state ordered distributed equally be-
yeen Mrs. Banning and Rudolph, i
ld the administrator ordered dis S
larged upon his filing the receipts. !
he receipts were filed forthwith, and f
ere in the following form: L