The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-23
GUARDIAN IS
DISCHARGED.
Lets Taxes on Property
Lapse.
NEW TRUSTEE APPOINTED
Biz Plantation Suit is Commenced
Executors Wish Te Be
Discharged.

brought to light Yesterday when the
guardianship matter of kealohaokaia-t
nj minor was heard before the FIRST
Circuit Judge. The guardian is Ha-
waiian named John Pa'e, who has held
that position of trust for five years. In
that time according to the evidence
adduced before the Circuit Judge, the
guardian has adopted queer and IN
heard of methods in his stewardship |
of his wards estate.
This consists of property on Emma
street. Pa'e has jeopardized the prop
erty to such an extent that IL the
leases given by him are allowed to con-
tinue the minor will soon be under the
necessity of paying out considerable
money to retain his property.
Among the guardians numerous o.
dities of transacting business is pen
chant for entering into long leases ana
receiving thereafter lump sums in pay
ment These sums have in all cases
been ridiculously low and unprofit-
able.
The location of the property is such
that it should yield steady annual
income, leaving a net profit after pay
ling the taxes and water rates. For
example, the guardian rented portion
|
years for the lump sum of 5000 for the
lentire period or about $50 a year. An
other time portion was leased for
fifteen years for $50 in a lump sum,
or about $40 per annum. Again piece
was rented out for eight years for Sl20
a year which was an indication that
1.-The guardian was coming to his senses
and endeavoring in a very bungling
70 "a losses
estate had to bear; and yet later on,
for the paltry sum of s25 year, ten
years rental on piece OF land was
granted.
When the exigencies of paying the
taxes on the property arose, the guar
dian was not equal to the occasion and
they were allowed to lapse and as
delinquent he was compelled to pay the
10 per cent penalty which the Govern
ment exacts. The guardian also seem
ed always to be behind in paying his
water rates, and the same course had
to be pursued in enforcing their pay
ment
The court yesterday ordered that the
guardians resignation be rendered and
to be accepted after his accounts were
examined. P. Dawson Kellett, Jr., was
lappointed master, to report next Tues
day morning. The accounts are in a
idemoralizing tangle. The court order
ed that the guardian be disallowed all
commissions since the date of his ap-
pointment and charged with all delin-
quencies in the payment Of taxes, and
water rates. Attorneys fees are also
to be disallowed. 1t is probable that
Frank Archer of Eva, Oahu, will be
lappointed guardian to succeed Pa'e.
IL %Io Of hn II Ito,
lestate of Kan Yee now residing in tn
Village of Cheong Sa Pao. District o
Heong San, Kwong Tung Province, En-
lpire Of China, and who was the subjec
of the First Circuit Judges attack upo
the integrity of Chinese administrator
of estates, guardians of minors, and eS
ecutors. yesterday made formal applica
ton for the appointment of P. Dawso
Kellett Jr., to succeed him in the stew
hardship of the minors estate In Hawai-
Ho Sun says the minor was born /
Honolulu in 1885, and that he holds j
trust for the child s1,s12, which is no
q in the possession of the clerk OF tn
= First Circuit Court. The guardian say
. it is necessary that some one should
appointed guardian to succeed himself,
having duly rendered his res.gnatio,
which was accepted by the Judge. II
the purposes of investing the amount Il
the benefit of the minor. He believe
proper person to be appointed as sue
guardian.
In re deed of trust from A. Kamce,
Q) and Kealia (w) to A. Rosa, the Fir
Circuit Judge has filed decree appoin
ling David Kanewanui as trustee und
said deed of trust in the place Of A. Ros
trustee deceased, with full power al
. authority to execute said trust in Il
{ I manner set forth in said deed, and
act without bonds
The petition of Henry Federhen, g
leging that a deed of trust was execut
by S. Kameeui Qk) and Kealia (w) to
Rosa on the 18th day of April, 1896,
the terms of which real estate of Hon
Al lili, Oahu, was conveyed to A. Rosa up
- certain trusts, among others that
should convey, after the decease of
grantors, all of said land to the petitio
. ler and to- Geo. Federhen, as tenants.
icommon.
: Kameeui, Kealia and A. Rosa are
deceased, and no provision had be
made in the deed of trust for the q
pointment of successor. Therefore l
titioner requested the court to appoi
D. Kanewanui.
Judge Kaulia, Of the Second Giro
Court, Maui, will sit at 10 o'clock in I
Eva courtroom of the Judiciary bui
"A ing to hear arguments in the bill
!U injunction, and to cancel lease broue
II by the Hawaiian Commercial & Sue
~ Company. H. N. Sanford, Manuel j.
~ and John Pereira Pico VS.. the Maui
gar Company, Limited, Hawaiian c
poration, and ]. K. Smythe, Wi
= Smythe. Eddie Smythe. Laiza Smyt
Lokana, Kepani, Jr.. Kele Lokana,
miona Lokana, Ekekela Lokana, ]
lPook, ]. L. Pauahi, ]. Kaea, Kanee
n Iii, Lameka Tom Kee, ct al.
Is The suit was brought praying that
injunction issue forthwith restraining s
defendants, their agents and servaI
from selling, transferring or encumt
ing their lease or any interest ther'
from parting with the possession of
j books and records Of the hui, or II
interfering with the enjoyment of
premises in question; and that the
- junction may be made perpetual.
q also want the lease declared null
81 void and be ordered cancelled, retur
S and delivered to the plaintiffs, Castle
r. Weaver; W. o. Smith and A. Lewis,
and Kinney, Ballou G. Mechanism
~ plaintiffs, and w. a. Henshall, ].
~ Kaneakua and Lyle A. Dickey for