The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-08


right of the heirs
is Independent of the right of the administrators
of deceased is not
the estate and such suit
be brought without leave of the probate court
OPINION OF THE COURT BY WHITING. J.
This bill in equity redeem mortgage One j. kahoo-
leaving certain real upon which mortgage
now held by defendants which due and payable The
plaintiffs said J. Kaoomana, who rendered to the
defendant due the mortgage and demanded
and cancellation of the and mortgage which being
refused bring their bill and obtain decree emitting them
to redeem. Administration taken the estate of j.
Kahoomana Ellen Kahoomana the widow of deceased
appointed administrators She moved the for leave to in
ground that she, administrators, had full control
well personal property of the deceased and
that only could redeem the mortgage claiming that the
plaintiffs interference with the administration
of the estate be allowed without leave of the
probate There also other grounds which
refer The Circuit Judge refused the
petition for intervention and appeal taken from this
decision However, by various motions and demuers the de
raised this point and appeal the following
points of law:
l. "Are heirs law of deceased morgagor entitled
to real which they inherited from
deceased there being administrators duly qualified and
they of the probate court first obtaned
That an heir cannot maintain action for the settlement
of any the administration has commenced
upon the until the administration is closed
That the exclusive right institute legal proceedings is
invested administrators pending the administrator and
the decision the court this unwaranted by law
administrators having charge of the entire estate
whether passes the heirs ultimately otherwise disposed
Of superseded by Indifferent persons without leave of
court. This sought obtained in this
That administrators takes entire charge of the estate
whether passes the heir ultimately otherwise disposed
Of should entertained
for the that at the time of the of said
action there and still administrators duly and regularly
appointed by the who had Immediate control of the real
and personal property of the after having duly qualified
as required by law and the order of court
Generally party in interest may redeem To sustain
bill redeem the plaintiff have either the morgagor
title subsisng interest under it. Upon the death of the
of redemption his heir at law redeem.
The widow may also redeem and the administrators may also
redeem. In this the heirs law nhern the land from
mortgagor have unquesionabe right redeem and
unnecessary Their right being independent
of widow administrative the right
interference with the administration of the by the
administrative redeem may be brought
asking leave of the probate
1t is unnecessary decide the other points raised they
cannot affect the right of the plaintiff this suit they
grounds of defense of which the defendant avail himself He
is sufficiently protected by the receipt payment of the debt
secured by the mortgage the being due The decree
affirmed and the appeal is dismissed
Wilder, Wise and Wakefield for plaintiffs.
Little and Galbraith for defendant.