The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-14

fact consented to such conveyance or r
and the was ordered 10 nav % ,s
rmandsrmen the amount Of the principal Of said estate
that the administrator the propertv an franc
hred and conveyed
sd that II to the suit that G. u.bo T., ,,
administrator to transfer convey property acted =. h
OF the neenan demand by the admin
restoration property transferred and con-
e the fetenant certain other part,es suh,, %
trusts and that the bring the case within
rule that where voluntary payment is made under a mistake
for his principal agent cannot be held
prior to the or notice to the con-
rap he has paid the money 10 his principal
OPINION or COURT BY PERRY J.
One Antonio Philip late Of Honolulu Oahu died in the year
1880 eavng win wherein and whereby he bequeahed the
shc q his estate TO his widow Anna also known as Ana No
mona for life and provided that her death divided as
blows George Frie fourth to John Nicholas Ana one
ourh IN Antone Nicholas Ana fourth and TO Antoine
ue fourth The will duly admitted to probate on
November go 1882 and the 2sth Of March, 1870 complain
appointed administrator with the will annexed of the
lgelenfs estate.
In september 1856 respondent Castle as the attorney for
be widow and taking this action in consequence of financial
embarrassment under which Cleghorn aboring at the time
p the latter transfer him all of the funds prop
the be held by him. Castle under trusts
rrntng Cleghom only that the widow desired this
be followed but also that the other devsees joined in
he request for the transfer Castle further represented Ceg
horn that upon the atter transferring the property his ab
by administrator would terminate.
Chon believing in the truth Of these representations and
relying theeupon paid and delivered Castle all of the
funds and property Of the remaining in his possession. that
say; cash. sO334s, promssory signed by him
eli for si6i 2 and for s12569 and by deed lot Of
and situate Waihee, Maui $1,000, being in all the of
S520Go it, agreed equivalent of which $4,000 prn
cn and the balance income (See exhibit a. filed June rs,
1905 Probate Record No 1882 1t the time known
md understood by both Clegho and Castle that the land at
Al. A. tnAn H..
@ accepted by Castle the equivalent Of that amount
uu Cghorn had other property and it seemed wise
accept all that could be- had. In informal interview, the
bate Judge familiar with the proceedings heretofore had
ng estate had said Castle that he considered the pro
posed acceptance 81 the land that value wise under the cir
cumsanccs II due Mr. Castle that this fact be noted
In the negotiations Castle represented to Cleghorn that all
tho parties interest consented that the land be taken of that
uc and Ceghon relied upon this representation also in max
INC the conveyance.
Thereafter upon the request Of the life and of
The other deves Castle conveyed Ana Momona the land at
Waee subject the trusts expressed in the will and de-
ercd into the Of the late Antoine Rosa who was
then e attorney Of said Ana Momona the of s1OO and
into that Of one r. Dement, the aorneyinact for Ana Mo
the sum Of 1900 The land subsequently conveyed
by Ana Momona TO Ana Momona r in whom the title said
ODE now vested
Ana Momona died on January %, 1897 In June 1898,
John Nicholas and Antoine Nicholas Ana two OF the dc
vecs above referred 10 and koeka, WIDOW OF Aone
third devisee instituted certain proceedings before Circuit
Judge Of the First Circuit the matter of the estate of said de
cn which proceedings resulted in the finding by the court
that the transfer in had been made without the consent OF
subsequent ratification by the said movants and in decree
holding Ceghorn liable Administrator for all OF the property
Of The and ordering him into court Tor the oeneh
IT those entitled thereto the Of 1920 and interest thereon
from January 2s 1897 On appeal the findings and decree OF
tho Circuit Judge were sustained by this For full state
ment Of the facts bearing upon the issues then before the court
The decision which reported in IL Iaw PSI ct seq Ihe
evidence that has bcen by stipulation made evidence in
This ease and some additional testimony has been taken Upon
oil The evidence before make the same findings as
were made in the former far as the same are relevant or
necessary in this and especially the subject OF the consent
and ratification Of John and Antoine Nicholas Ana
Castle in making the statements which he did in 1856 to
Chorn concerning the Of the devsees to the transfer
acted good faith believing that the transfer did meet with