The Hawaiian gazette., 1894-03-02

OPINION OF THE COURT BY JUDD, u
In September, 1892, there was re
served by Circuit Judge Kepoikai o
the Second Circuit Court sitting il
Probate question for the determin
alton of the Supreme Court. Tn,
question arose during the settlement
of the accounts of Maria Espinda
Executrix of the will of JOSE
Espinda in the Probate Court. 1t i:
stated as follows: 1T is claimed Oh
behalf of the distributes that The
Executrix was chargeable with inter
est upon all amounts received by he,
and not Immediately applied to the
purposes of the will after the expira
ton of a reasonable time say eight
months from the date Of her appoint
ment. This Claim was disputed and
opposed by the Executrix."
The agreed statement Of facts
shows that the testator, Jose
Espinda died Oct. 10, 1889, leaving
an estate consisting of lands, lease
holds, cattle, horses, a dairy and a
dairy outfit and other personal prop
erty. II. G. Treadway was appoint
ed temporary administrator. The
will was admitted to probate on the
18th May, 1890, and the Executrix
qualified in the month following.
The Executrix's account shows
that on the 10th May, 1890, she re-
ceiyed from the temporary admins
traitor S4469.14. The will after max
ing several specific requests, left to
the wife (the Executrix) in lieu Of
dover, lone third of the interest de-
rived from my real estate and per-
sonal property during her life
time" All the rest of the estate the
testator gave and bequeathed to his
SONS Manuel, Henry and Philip, and
to his daughters Mary, Mary Ann
and Elizabeth and to the testator's
wife's two sons Joseph and David.
In short, the widow has life estate
in one-third of the property and the |
devisees, eight in number, have the |
share and share alike.
The accounts show that the stock |
and other personal property was sold
and various amounts realized and
that the debts were paid and that the
balance to be paid over to the benefi-
Charles was $3414.31 the amount up
on which the widow is to receive the
and S662S GO to be divided
the eight devisees.
This account was made by the
E1ecutrix on the petition of one of
the devisees and the day of hearing
was appointed 10 be the 9th
August, 1892. The matter was con-
tinuei to the 10th September and
after hearing an order was made by
The Probate Court approving the
accounts and the Execu!rix was re-
ieved from further responsibility
excepting that there shall be retain
I'D from her dover until the said
claim of interest shall be satisfied an
amount sufficient to cover the same
not exceeding $1,000, until the decIs-
on of the Supreme Court IL Banco
hereon." The order also directed
he amounts found due to be paid to
he various devisees taking their re-
,eipts &c.
We received the briefs of counsel
n this submission only during the
current month, although the reserva-
ion of this question was made on
he 10th September, 1892. 1t is not
'ur province to inquire into this de-
ay, nor why the order of distribution
vas not executed, nor with the pres
mt status of the fund.
We make these observations be-
'ause we find that the statement of
he reserved question is prefaced by
u agreement signed by counsel for
he Executrix and the Distributes,
hat "the question of interest, the
'arious matters connected Herewith,
he accounts, commissions, as ap-
,ears upon annexed statements from
he case as heard before the Second
circuit Judge at Waikiki, and the
orm and matter for a final order
hall be heard and determined by the
supreme Court" We cannot entertain
riginal jurisdiction in such case By
greement of counsel, such jurisdic-
ion being not conferred by statute. s
On the reserved question we find
ne law we'll settled that an Admins
rator (Executrix IN this easel whose
uty it is to collect the assets and 3
ay the debts of the decedent and q
ay the legacies or devises according
D the will is chargeable with inter
st, when the administrator without {
ny just reason or excuse, retains g
ne money in his hands, unem-
loyed, when it ought to be paid s
YER" Griswold v. Chandler, Nh. s
81.
z Encycl. Law, 426 and numerous
ases cited. v
Generally an administrator is not a
largeable with interest until the ex- 7
iration of year after the trust be- n
ms. that period being the one \
sually prescribed bv statnte for 7