The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1894-04-23
JUDICIARY JoTTrNGs.
Various Matters Pending and De-
cided in the Higher Courts.

NdTlous riatters fenUlnR anu De-
cided in the Higher Courts.
s. Kaalawa, by his attorney, w. A.
Kinney, denies each and every ale
CATION OF the Olowalu Sugar Co. s
complaint in ejectment proceedings.
1ee King Tong representing the
Chinese graveyard denies each and
every allegation Of j. A. Magoon's
complaint in ejectment proceedings.
sIrene II. Ii Brown has discon-
tiuued her suit to declare a trust
against G. A. Brown.
In the matter Of the estate Of
Auin, Judge Whiting has approved
the account OF Vim Quon. admins
TRAITOR, aud ordered final distribution
C. W. Ashford, as guardian ad
Item of minor children, to sign their
receipts, and the widow to file hers
Magoon for guardian; G. W. Ash
ford for widow and minors. The ac-
counts show receipts of sSS3. Is and
expenditures Of $4,000, leaving bal
ance OF .Sl3O6.
Charles L. Peterson, master, has
fled his report upon the first and
final account of b. f. Dillingham;,
administrator of the estate of A. l..
Smith, deceased. An inventory was
filed Dec. 4, 1891, showing real es-
tate, personal property, debts, etc,
amounting to S2i,57Oti. Amounts
owing by the estate footed up Sli,-
22I0l. In his account the admins
TRAITOR charged himself with cash in
hand. principal, etc, $40 ,5GO.92, upon
which he charged commissions
amounting to SG9l II, aud credited
himself with disbursements OF $40.
5GO.D2. A difference between he in
ventory and the account. in cash on
hand, Of 1925 ~. is explained by the
statement that a
count of cash in hand and in bank
was that much less than the ledger
called for. A mortgage Of Sl1 ,3OOO2
to Mrs. G. &. Allen had been dis
charged by a transfer from the
estate to the heirs. The store
fixtures. stock in trade. etc.
invcntoricd at 1881, were sold for
5000. or an item Of S322D.i5, bills
receivable, the administrator had
only accounted for S2Oi.2O. The
master finds that after paying debt
Of S25.2J, the administrator had
turned over 5000 to the heirs in
notes, and is ready To file receipts
for them. Othem items are explain.
cd satisfactorily where they differ
from the inventory. The master
would reduce the commissions to
Si539I for reasons given, aud makes
the amount to he paid over To the
heirs S221 | 30 instead of Sl7O7.H IA
allowed by the administrator, a
difference Of S5,i3.1O. but costs of
Court to come out of this balance.
Judge Whiting has referred the
account OF L. A. Schaefer, guardian
OF the minor heirs Of Chas. a. Long,
to Henry Smith. master. for report.
There Is balance Of S}656.G3.
In the long litigated case III T.. A.
Jones, assignee IN bankruptcy Of
Geo. Norton, vs.. Mrs. l.. X. Norton,
the Supreme Court 10y Judge Bick-
erton has rendered unanimous
decision against the assignee. Tho
case was bill in equity to set aside
deed for want Of consideration and
for fraud. \ decree Diminishing the
bill by Judge Cooper Of the Circuit
Court was appealed from but is sus.
tanned by the Snprcne Court. Fol-
lowing is the syllabus OF decision:
a conveyance made by one who
moro than two years afterwards rs
adjudicatrd bankrupt will not, at
the suit Of his assignee in bank.
ruptcy, be- set aside on the ground
that II was made in fraud Of credi.
tors, whore il appears that it was
made for valuable consideration
and that the grantee, who married
the grantor the next day, took with.
out knowledge that the grantor was
insolyent or that the making of the
conveyance would leave him insol.
vent.
III is competent in such ease for
the granite" to prove consideration
OF both money aud marriage, al
though the only consideration named
IN the conveyance is one dollar"
W. u. Castle for complainant; }.
4. Magoou for defendant.
Judge Whiting has appointed
Mala tw.l rs guardian Of her three
minor children, residents of Molokai,
in place Of Kaikuaana (w.). resigned.
In the matter Of the estate Of 4.
A. Corniot, deceased, tho accounts
OF +. A. Schacfer, with report of
Henry Smith, master aud appraiser
have been approved by Judge Whit.
ing. The Government realizes $3.50
rs tax on beneficial legacies, this be-
ing the first instance OF the opera
ti0n Of the law OF 1892 establishing
such species Of taxation. An appli-
cation to have the legacy to the
Catholic Church made exempt was
refused, because the church is not
an Incorporated body, also because
gifts Of that nature to society at her
wise exempt from taxation WAS not
exempt under the statute. Hatch
for the executor The total amount
realized in the estate was over
S2OUW
\. Marques has been appointed
admiustrato If tn" estate OF An.
tonic Monteiro, on the application
Of A, dc Souza Canavarru, Pnrtu-
guese Charge IT. Aliaires.
Judge Whiting has approved the
annual account Of Mrs. Hebron, as
q l.