The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-15

or other property but continue and same unless
III their opinion sale Ice necessary for establishment
OF maintenance OF said schools for the best interest
estate And give my named
said will full power to sell anv portions If NV real ,,
for the purpose of paying debts esaces without obtaining
leave OF court and To give good and valid deed, same
the purchasers under which responsible for the
application of the purchase money!
lin my opinion this section gives the trustees discretionary
power III regard to the sale of the real belonging to the
estate The teStatrix think intended that this mower bu5
be exercised without the of court Of ,uv The
language used forcble The trustees are ,v. tb.
most ample poreTs sell dispose of exchange , and MIR
chase lands Thenerer they think 1t erpedt and generally
TO make investments as they consider best,
such ample discretionary powers being to the trustees
the tesarN proceeded enlarge the powers Executors
ee latter part of Section - authorizing them to sell anv p
ton of the real for the purpose paving debts ar e
without obtaining leave of court.
Il therefore find that 10y Bernice Pauahi Bisop
the trustees acting Hereunder vested discretion
in regard the disposal of land devised or con
veyed to them whenever appears them expent the
best interest of the estate that they under obligation
apply of equity for permission do: and that
of equity should made to appear
that the abusing the discretionary powers vested in
them
We of opinion that the Of the Circuit Judge
is sound and the the proper one In
v
1s Allen 19a and EIdedge Herd, may
be cited.
The of PnniDan Sandero, Allen 193 Is especial
y well considered clearly contains the principle un which
the at bar depends That bill equity brought
by the benetcaries of have lands sold by the
trustees be charged with the had made
by the original of the property manage
the estate certain a and provide for the eviser
family The will which created the contained the follow
ing clause
Il give the acting for the time being
for the performance full lower and authority
make sale of the whole INV real estate If such
sale becomes expeien for the purpose raising
any of the of money hercinbefoe beauatl
ed and the purchaser purchasers any
and all such deeds be requested pass
good and valid title in the parts sold"
There is the of the desire on the part
of the that the should be any super
vision of the making these sales death of
of the appointed the remaining
portion of the realty belonging of
beneciare minors and accordance with he established
practice of Massachusetts leave of the Probate
obtained with the interests of the minors This how
has bearing upon the principal part of the
grantee whom the sold the land fully informed
the title owned by his and also had of the claims
of the benefciares The principal question in the
whether there had been breach of the by sale of this
land. 1t conended
that the proceeds the sale of the land be devoted
the object paying the lgaces provided for in the Will In
this contention the benecae show that there
sufficient personality in the possession of the the
necessities of expenditures but the Supreme Court held that the
discretion which had under the above quoted clause
in the Will extensive that the had been
the power decide necessary "cxpedent
land into money and with this fund pay of the ac
and other grants provided for in tho will The Court
In constituting th lat from rhc Will deter
lv necessary ami what Icy eNI-lien
might be said that a sale of real could be necessary
the Of money bequeahed by the viii they could
other source and the personal
pears exceeded the required the necessity
tempated did exist but the trustees also allowed sell