The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-04-28

JecI enacted In Cnapter ACNIll., 1892,
does not apply to that account and
the commissions therein charged,
were it so applied, would be retroac-
tive. The words of the statute are as
follows:
Executors, administrators and
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.
ssUpon the final payment thereof or
any part thereof, two and one-hal1
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.
sUpon all moneys received in the
| nature of revenue or income OF Inc
estate, such as rents, interest ana gen
| eral profits, ten per centum for the
| first thousand dollars, seven per cen
tum for the next four thousand dol
| lars, and five per centum Tor 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 2. 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. me
investment of the funds held by the
administrators were disbursement
under the terms of the will and the
| commissions were at that time prop
erly allowed under the statute thus in
force. If any error of computation or
otherwise existed, it could unques-
tfonably be corrected at any time, but
such error does not appear.
The claim of the administrator to
commissions 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 1897
allows him for collections and pay
ments over of reserve, increase, gain
etc, which is computable as follows
five per centum upon all such colIec-
tions 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 1oul
! thousand dollars; and five per centun
} upon the remainder up to the CLOSING
of his accounts.
Irrespective of the fact that the de-
; cision in the Long minor estate, VII
Haw. 36S, was rendered subsequently
to the allowance of commissions mad'
by Mr.. Justice Preston in the Banning
matter, nothing settled in the cas-
cited conflicts with the view expressed
| herein.
8 The Court there holds that the com
!, | missions cannot be divided so as to b.
apportioned part of receipts and par
| to disbursements. In the presen
o matter Mr.. Preston appears to hav
o taken the reasonable view, tina
= where a trust directing the invest
9 ment of the funds of the estate in
y specific manner follows the admins
? tration, the showing that the funds c
the estate have been invested close
< the administration-p pro t0nto and tn
administrator is entitled to commits
| l,a omit InUQGfQd
n We now continue the statement {
n facts from Judge Cooper's decisions:
"The administrator filed his secon
n account November 9th, 1888, thir
= account December I'd, 1889, fourt
= account November 3rd, 1891; thes
, accounts were examined and approve
= in due course. There was no appeal
!. ance on the part of the present cor
= testants at any of these hearings. A
n the time the administrator filed b
o. third account he made the suggestlo
. that it be considered his final accoun
but it appearing that there were on
standing debts that might be collec
?, ed. the Court declined to allow h
= discharge. On January 10, 1893, tt
:, administrator filed his fifth accoul
- and with il his petition for discharg
~ The matter came on for hearing G
If February Is, 1898, there being presel
N the administrator and Rudolph Bal
20 ming. The accounts show the tot
20 amount of investments to be STA, 99e
70 fe. CA; but the administrator reported
II n loss of $4,000, upon the bonds of Il
of Union Iron Works Company OF HI
o. nolulu, this sum being deducted left
-. balance of $142, 799.04. The accoun
- were examined and Mr.. Banning e.
-, | pressed his satisfaction with then
and that he was ready to receipt f
=, his share of the estate assets; the
10 were approved, and the assets OF tl
tween Mrs. Banning and Rudolp
and the administrator ordered di
charged upon his filing the receipt
The receipts were filed forthwith, ar
were in the following form:
Received, Honolulu, Februa