The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-11-25

strained from any interference in the
present management of the estate.
Mr.. Garrick having replied, and OBJ
jected that on the present application
the court could not order the petitioner
to file his accounts.
His Honor gave judgment to the fol-
lowing effect:-
This petition was presented by Can't.
Reid in the double capacity of exec
utor of William Greig of Tanning ISL
and, deceased, and guardian OF his in
FAINT children, and contained allega-
tons against his co-executor, George
Bicknell Greig, who was the eldest son
of the deaceased and one of the bene-
ficiaries under his will. The object of
the petition was to obtain an order
from the court for the filing by the ex-
ecutor G.. b. Greig, of an account of
his dealings with the estate, and also
to obtain his removal from the active
management of the estate which ap-
peared to have been entrusted to him
since he became executor, and for the
appointment of receiver in his stead:
and in his affidavit the petitioner offers
to accept such appointment. The petit
ton also asked for an order as TO the
estate papers; and there was the gener-
al prayer for such further relief and di-
rections as may be deemed necessary.
The petition having been served upon
the respondent, the latter has made
in the affidavits he has filed, certain
grave allegations against the petition
er, asserting that he has dealt with
certain produce taken from Tanning
Island forming part of the estate of the
deceased and not accounted for the
proceeds that the deponent as one of
the beneficiaries under the will had de-
manded accounts from the petitioner
but without success, and alleging GER
tain acts against him, which, if true,
are sufficient to disqualify him from
being appointed receiver by the court,
and might lead to his removal from
the executorship. His Honor said that
he was not quite clear whether the
strict technical course had been fol-
lowed in the way this matter had been
brought before him, and he was not
sure whether if he were sitting in the
Supreme Court he would not have had
to content himself with simply dismiss
ing the petition for want of proper
form. But in the High Commission
ers' Court, in which he was then sit
ting the procedure was necessarily less
technical. But, apart from procedure,
His Honor stated he had for some time
been doubtful whether any order could
be made on this petition which seemed
in the nature of a proceeding in which
one executor was complaining of the
other The petitioner, however, was
before the court not only qua executor
but also as guardian of certain in
FAINT children. The respondent, G.. B.
Greig, too, was one of the legatees, and
he joined in the application for the
order to file accounts, making on his
own behalf a further application that
the order should be not only as against
him but should include both executors.
There were, therefore, it appeared par
ties before this court entitled to in
woke it's remedial Jurisdiction. The
petition and it's accompanying affidavit
on the one hand were equivalent to o
statement of claim, and the answering
affidavits to a counter claim. This be-
ing so, what was the proper order for
the court to make? 1t was quite inn
possible to comply with the prayer of
the petition to give directions as to
the management of the estate or to de-
eide whether a receiver should be APP
pointed or not, until the court was in
possession of sufficient data as TO
the estate had been hitherto
managed or not There had
been two executors appointed under the
will, and, as usual, in most cases one
executor had undertaken the active
1t appeared that that
had given satisfaction TO
all but the co-executor, Capt. Reid,
and he seemed to have made no com
plant until comparatively recently. 1t
might be that Capt. Reds objections
to the management were good, and
that when the accounts were filed his
desire to have somebody else appoint
ed as manager might be well founded;
but it was perfectly clear that before
any conclusion could be arrived on
that point the accounts must be filed.
His Honor said he could make no order
as to the management of the estate or
the appointment of a receiver until the
accounts had been filed; but that il
seemed to him the first thing to be
done was to order that the accounts of
the executor Greig be filed in court
and that in making that order it was
necessary that both executors should
file their accounts, so as to enable the
court to form an opinion as to whose
hands it would be safer and better to
entrust the management of the estate,
if it was to be entrusted to either.
He would therefore make an order that
both executors do file in the court at
Suva. on or before the LIST of March
next an account of their individual
dealings with the estate. 1t seemed
TO him absolutely necessary in order TO
enable the executors-Greig at all
events-to make up their accounts
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