The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-01-06

that | hold the property (p I'D 1T looks
though consented that acting trustee don't
collect that In reply to the the witness (p 29) testified
that he recoected that the Anas his transferring
the estate Rosa but R 30 he says emphatcaly dare
beyond the deed that they that should take charge
trustee don't remember that could recoloct that and
will not that they did then and there agree that should
act trustee of the estate In the question: Did they
know that you were going to turn it over TO Antoine Rosa until
YOU did! he replied think they did wouldn't want to
to it.
Such the of the testimony the first day of the
hearing the next day the witness positive that the
rmaindermen consented and acqueced but think that the
and substance of his later testimony the effect that they
must have known both of the transfer to himself and later to
Mr. Rosa because he Is certain that he did not and would not
make any change in the principal without consulting those con
cerned in it.
See pages A. A. 49, 49, &C. The foregoing evidence was
taken June 81 and % 1895 and year later June TO- 1892
Mr. Castle testified and this occasion stated that the vaguene
had then left his memory and that the two Anas and Koeka
widow of Antoine Manuel requested him to turn the estate to
Mr.. Rosa.
Mr. Rosa testified that of these parties John Ana
him and wished have him take the property from Mr.
Castle but that other Antoine working Eeele Kauai
the tmc further that they told him that Mr. Cleghons
nccon with the estate had ended He testified that he didn't
member whether he had acted for Koka widow of Antoine
Manuel whether she had spoken him the subject
Each Of the testified that they authorized had
knowledge of the the and
consented it. 1t may be that they did have knowledge
of the various transactions connection with the estate but the
evidence of their authorization notifications of either of the
transfers sufficiently and free from doubt enable
the find such proven by peponderance of the
capacity of and his conduct of the estate should he
closely -cutnzed Is only by very clear showing that he
he relieved from the responsibility and the obligation
and any doubts should h resolved in favor of the remandermen
cestuis que trust.
The motion calls for order requiring the payment into the
of the of S352O69 with legal interest from the 30
day of june 1871 According the administrators account
filed April 1 1899 the value of the corpus of the
in June 1870 and this Is all that the remandermen have
any in The income from that fund belongs TO the life
and with it the remandermen have there
for grant the motion and order the administrator pay into the
the said sum S347S.1i.
In conclusion in Justice the administrator Mr.. Cleghom,
should be said that in transferring the estate to Mr.. Castle he
acted in good faith desiring to be relieved of the responsibility
Of the administration relying upon Mr. Castle, considering that
when he parted with the property his connection with the estate
was legally severed
We also find from the evidence that the transfer of the prop
cry by Castle follows: Castle transferred to Rosa part
consisting several secured by mortgage and
money altogether exceeding $500; the real estate
Castle decided direct Ana Momona he life enan subject to
the trusts: Castle retained and mortgage for 800 in
his hands which he later collected but instead of turning
Rosa hc pays Dement, agent attorney in
fact of Ana Momona.
Such transactions certainly against the theory of consent
and ratification by the cmandemen and also the testimony of
seeking have the property transferred him by Castle
The decree appealed from is confirmed and the appeal dis
missed.
Humphreys f Gear for movants.
DoJo e. Tho o1u