The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-11-04
AN ESTATE Case
Judge Sianley's Ruin Z on
Petition OF Trustees.


NNfhlN NfNNfNANN AWAHfNAHfN
IN the matter q the estate Of kalua
Kapuklni, ", a speudihrif,. petition
% same for discharge Of guardian and
settlement. case was partly heard be
fore Judge Perry yesterday aud will
De continued today. Alfred J. MsgoOn.
guardian; Humphreys A Gear for petit
toner.
In the Circuit Court. First Clrcuit,
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 si5 fee to the master.
In the same Court. in equity, Vie
toris Ward. plaintiff. VS.. c. 5. Desky
and Il. Peck 6 Co, a corporation, de-
PENDANTS. Charles 5. Desky by his at
torney, Philip L. Weaver, makes mo-
ton that commission be issued, direc-
ted to Gorham ID. Gilman. at Boston,
Mass, authorizing him to take testi-
mony OF William II, Castle. Cat present
sojourning IN the city aforesaidD, ne
cessary for the proper trial OF the is-
sues In the above entitled cause. To
be heard on the Srd OF November. he.
fore Hon. A. 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 II the affairs OF the said
y business were made matter of rec
. ord" a decision was rendered on Mon
day by Judge Stanley, the greater por
a ton OF which is here given verbatim
e I'VE have no statute which compeli
] the court TO require an accounting, an
nual or otherwise, from Trustees. o.
= their being nominated by the court a
: Trustees in accordance with the term
q OF the will, they would be required y
e file bonds OF sufficient amount; and Ii
. my opinion the court could sua not
Q require an accountirg whenever tn
= circumstances demaI ded II, ard tn
:, benefciaries could demand an account
!. ing whenever they so desired. Accord
: ing 10 the dictum of Whiting, j., In r
S Bishop Estate II, Ha. SO, our procedur
!. and practice would appear to be tina
s. the probate court In which a will con
u tanning provisions for trustees to hol
d and manage the property bequeathe
h for trust purposes, has been probatet
retains jurisdiction over such trust
% and requires annual accounts of III
n trustees to be rendered and passed up
IT on Frear, j., and Carter, j., who sa
Re with Justice Whiting on the case eX
- pressed no opinion as to the practice
Il Such practice may be sound in tn
e majority of cases, but If, as in the pres
ent case, mischief would result fror
following 1t, the court has in the al
n sence OF statutory requirements, wild
,e latitude to depart from it. Under th
circumstances, when the executors ar
discharged, think that the petitlo
r should be so far granted as TO exomI
q the petitioners from filing account
. unless the court should, owing to a
tered circumstances, require an az
counting on the benefciaries under tn
will should demand It,"
In the Supreme Court. NJ. F. SEQ
- OF Kailua, Kona, Hawaii, plaintiff, v
Joseph Loulu, alias Jos. l.. Wahinekap
e. Of same place, defendant, execution Il
a. sl23.S7, judgment. interest, costs, etc
ID return of writ duly executed has bee
c. made to the Clerk by Chas. +. Chillinl
worth, Deputy Marshal OF Hawaii