The Hawaiian gazette., 1894-04-03


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The hearing on the petition for the
probate of the will was had on the
3rd Of November, 1856, the matter
having been continued from the 26th
day of October, the day set IN the
order of publication, by order of
Court.
Autograph letters from both Mrs.
Banning and Rudolph directed to
Henry Smith, Clerk of the Court,
accepting service of notice of pro
ceedings and appointing s. B. Dole,
ESQ. attorney to act in the matter,
were read and filed. Mr.. Dole then
filed the remuneration of Mrs. Ban
ming, wherein she renounced the sap
pointment and all right and claim to
Letters Testamentary of the said
will or to act as executrix thereof" !"
Mr.. Dole also stated that Mr.. Bishop,
the executor named in the will, had
positively declined to act as such,
and that the widow had nominated
Mr.. w F. Allen to act. The will
was admitted to probate and Mr..
Allen appointed administrator with
the will annexed under bond of
100000. The bond was filed and
letters issued to Mr.. Allen on Novem-
ber 9th, 1856. Neither Mrs. Banning
or Rudolph appear to have been pre-
sent at the hearing, and from the
dates on the letters and documents
it is apparent that they were not in
the country at the time. Mrs. Ban
ming filed her election to take the
benefit of the provisions in the will
in lieu of dover, on the 7th of April,
1887.
Mr.. Allen filed his first account
November IL, 1887. The principal
items therein are as follows:
Receipts ............ S155, l3S 03
Expenditures -
Mrs. Banning. ,97S 81
Administrators
Commissions. 1856 80
Cost and legal
expenses ......... 26l oU
Sundry bills 134 39
Total. ,2S1 66
Leaving bal
apce of............ 1856 81
Investment acct. I35,500 90
S 1857 81
The administrator also reported
losses of the firm to have been
S33, ,103 95, which is cited to make up
the difference between actual re-
ceipts and estimated amount of the
estate according to the inventory
filed by the temporary administrator.
MIR. Rudolph Banning was present
in court at the time this account was
presented, and manifested his salts
faction with it.
The administrator filed his second
account November 9th, 1888, third
account December I'd, 1889, fourth
account November Sd, 1891; these
accounts were examined and ap-
proved in due course. There was no
appearance on the part of the pres
ent contestants at any of these hear
ings. At the time the administrator
filed his third account he made the
suggestion that it be considered his
final account, but it appearing that
there were outstanding debts that
might be collected, the Court de-
clined to allow his discharge. On
January 10, 1898, the administrator
filed his fifth account and with 1t his
petition for discharge. The matter
came on for hearing on February l5,
1898, there being present the admin
istrator and Rudolph Banning. The
accounts show the total amount OF
investments to be S144, ,999 04; but the
administrator reported a loss of
$1,000 upon the bonds of the Union
Iron Works Company of Honolulu,
this sum being deducted left bal
ance of Sl42,79904. The accounts
were examined aid MIR. Banning
expressed his satisfaction with them,
and that he was ready to receipt for
his share of the estate assets; they
were approved, and the assets of the
estate ordered distributed equally
between Mrs. Banning and Rudolph,