The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-11-02
AN ESTATE CASE
Judge Stanley's Ruling on
Petition of Trustees.
May Be Exempted From Recording
ACKNOWLEDGEMENTS OF Point.
Deposition.

IN the matter OF the estate OF ka!ua
Kapukini, W, a spendthrift, petition
OF same for discharge Of guardian and
settlement, case was partly heard be-
fore Judge Perry yesterday and will
be continued today. Alfred J. Magoon,
guardian. Humphreys & Gear for petit
toner.
In the Circuit Court, First Circuit.
in probate, in the guardianship of the
Richardson minors before Judge Perry
October 81, w. o. Smith, guardian in
person presented masters report and
the accounts of 1897 and of 1898, TO-
gether with brief statement Accounts
approved and report confirmed, with
allowance of SO fee to the master.
In the same Court, in equity, Vic
toria Ward, plaintiff, VS.. c. 5. Desky
and f. Peck & Co. a corporation, de-
PENDANTS, Charles S. Desky by his at
torney, Philip L. Weaver, makes mo-
ton that "a commission be issued. direc-
ted to Gorham d. Gilman, at Boston.
Mass, authorizing him TO take testi-
mony of William r. Castle, cat present
sojourning in the city aforesaid), ne
cessary for the proper trial OF the is
sues in the above entitled cause. To
be heard on the 3rd of November be-
fore Hon. \. Perry.
In the Circuit Court, in the matter
of the estate of NJ. McInerny, deceased.
petition for order eXempting the exc
cutors and trustees from accounting,
etc, upon the ground that all the
parties interested believe that it would
be detrimental to the best interests of
the business if the affairs of the said
business We're made matter of rec
ord a decision was rendered on Mon
ton of which is here given verbatim:
I'VE have no statute which compels
the court to require an accounting, an
nual or otherwise, from Trustees. On
their being nominated by the court as
Trustees in accordance with the terms
of the will they would be required to
file bonds of sufficient amount; and in
my opinion the court could sua mOtu
require an accounting whenever the
circumstances demanded it, and the
beneficiaries could demand an account
ing whenever they so desired. Accord
ing to the dictum of Whiting, J., in re
Bishop Estate II, Ha. SO, our procedure
and practice would appear to be that
the probate court in which a will con-
tanning provisions for trustees to hold
and manage the property bequeathed
for trust purposes, has been probated.
retains jurisdiction over such trusts
and requires annual accounts OF the
trustees to be rendered and passed up
on Frear, J.. and Carter. J., who sat
with Justice Whiting on the case eX-
pressed no opinion as to the practice.
Such a practice may be sound in the
majority of cases, but if. as in the pres
ent case, mischief would result from
following it, the court has in the alb
sence OF statutory requirements, wide
latitude to depart from it. Under the
circumstances, when the executors are
discharged, | think that the petition
should be so far granted as TO exempt
the petitioners from filing accounts.
unless the court should. owing TO al
tered circumstances. require an ac
counting on the beneficiaries under the
will should demand it
In the Supreme Court, VI. F. Scott
of Kailua, Kona. Hawaii, plaintiff. vs..
Joseph LOulu, alias JOS. l.. Wahinekapu
of same place, defendant, execution for
s123.S7, judgment, interest, costs, etc.
return of writ duly executed has been
made to the Clerk by Chas. F. Chilling
worth. Deputy Marshal OF Hawaii.