The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-11-27

the DeUeNCldIltS iuueI the Will laQ Qe- I
manded accounts from the petitioner
but without success, and alleging GER
tain acts against him, VIII fh, if true,
are sufficient to disqualifV 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 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 its remedial Jurisdiction. The
petition and its accompanying affidavit
on the one hand were equivalent to a
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 i'm
| possible to comply with the prayer of
| the petition to give directions as to
the management of the estate or to de-
eide whether receiver should be ap-
pointed or not, until the court was in
| possession of sufficient data as to
whether the estate had been hitherto
properly managed or not. There had
been two executors appointed under the
will, and, as usual, in most cases, one
executor had undertaken the active
management. 1t appeared that that
management 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. Reids 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 it
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 1st 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
properly that the books taken away
by Capt. Reid from Tanning Island
should be returned, and he ordered
these books to be lodged in court by
o'clock next morning. And in order to
prevent costs which would be involved
in any fresh proceedings there would
be a further order that all parties
should be at liberty to apply with prop
er parties added. The costs of the pres
ent proceedings to abide the result of
any such application. His Honor in
timated further that it would be well
if, until the accounts were before the
court, Capt. Reid were to refrain from
taking away any produce from the
islands.
The Attorney General asked if Mr..
IGarrick would give an undertaking that
Capt. Reid would abstain. Mr.. Gar
rick, however, declined to give any
such undertaking. The Attorney Gen
eral thereupon asked for an injunction
to restrain Capt. Reid from so inter-
fering. His Honor said he would hear
the application at II O'Clock the next
morning, but being informed that Capt.
Reid proposed to leave the colony be-
fore that time he said he would hear
the application at once. Mr. Garrick
objected that there was no such ap-
plication before the court. His Honor
said he thought there was; the petition
asked for further relief and directions,
and application for an injunction had
been made by the Attorney General
After some further discussion His
Honor then granted an injunction pro-
hibiting Capt. Reid, until the accounts
were filed or further order of the court
made, from interfering with the man
agement of the estate or taking away
any produce or property belonging
thereto from Tanning or Washington
Islands.
As the petitioners counsel intimated
that it was Capt. Reid's intention to
proceed to Tanning Island on business,
and as he would give no undertaking
to obey the terms of the injunction,
His Honor said he should feel it his
duty to cause the matter to be brought
before the notice of the High Commits
/ cionpr with q viou noccih1u Of Trn-