The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-08
TRUST IS
TERMINATED
Kalua Kapikini Is
Rid of Guardian
Magoon.
ALL ATTORNEYS
SHARE IN ESTATE
Judge Gear Rules in Insurance
Case-Non.Suit in Hagey
Cure Case Refused.

J. Alfred Magoon, spendthrift guar
dian, lost another ward yesterday aft
ernoon, and with it the control of an |
estate valued at $4,000. Judge Little !
Immediately upon the opening of court
in the afternoon ruled upon the applica- |
ton of Kalua Kapukini for a termina- |
ton of the guardianship, discharging |
Mr. Magoon and ending his connection |
with the estate. incidentally Mr.. Ma
COON was allowed $3.50 by the court for
fighting to retain the trust, which his
ward didn't want him to have, George
Davis received like fee, and Thos.
Fitch is still to be heard from in the
matter Altogether there has been an
allowance of $1,000 for attorneys fees,
with probably that amount additional
| to be paid by the former spendthrift,
and with the court costs still unset
tied. Verify the life of a spendthrift is
not pleasant one, whether the estate
is being administered by a Magoon or
divided up as attorneys fees.
4
said: I am inclined to dissolve this
guardianship under the showing made.
This girl has never been out of guar
dianship. she went from infancy into
wifehood, and Immediately upon the
termination of minority was placed I'M
der guardianship as a spendthrift. The
court doesn't know whether she is
spendthrift or not. as she has never
had a chance to be the guardian of her
own estate.
The spectacle of her becoming drunk
several times is not at all edifying, but
this doesn't show that she was proper
lperson to place under guardianship. I
do not find the evidence sufficient to
continue the guardianship. The guar
dian is discharged
Mr.. Magoon Immediately maze appli-
cation for attorneys fees for defend
ing the spendthrift trust. Mr.. Fitch
at first resisted the motion but with
idrew his objections after consultation.
An order was afterwards signed allow
ing Magoon and Davis a fee of $3.50
: each, while Fitch stated that he had a
private agreement as to his fee. The
: court held that while the motive of. Ma
COON in asking for an attorneys fee
t might be questioned, yet as an officer of
S the court, namely guardian, he was
S entitled TO a reasonable fee, as he could
not be expected to labor without re-
I ward
HARRISON-M AGOON.
!, In the case of Harrison VS. Magoon
Judge Gear overruled the motion fol-
la non-suitt yesterday morning upon the
Il opening of the court. He held that the
evidence showed $4,000 to have beer
paid to Ables by Harrison for tn,
! Hagey Cure Company, and that NJ
e showing had been made that all de
l. PENDANTS individually had not shared
% in that sum of money. He held fur
n Their that if the defendants received
the benefit of that amount, whethe
they had given authorization to al
l. attorney in fact or not, they canno
t now come into court and claim the,
ID are not bound. The court heard add
tional arguments on this point, but a
their conclusion refused to change hi
ct ruling. The defendants then began tn
presentation of their case with l.. {
., Ables on the stand He went throug
"a the entire history of the sheep tranSac
~ ton, which was rehearsed at the pre-
sc ,vious trial. and newspapers of the dat
IT of the sale have been introduced a
n showing the market value of the shee
at that time. The hearing will be re
summed today
he INSURANCE CASE DECIDED.
all Judge Gear granted a non-suit we!
ALI terday morning in the case of Lon
he Shee VS.. the New Zealand InsuranC
Company. This was an action upc
a policy for 81 900 for a building d.
mt stroyed in the Chinatown fire.
I'm The motion was made upon the 70
nm lowing grounds: % Because loss WI
payable TO the trustees; (2) that n
tice and proof of loss We're not give
to the company within the time fix,
ne by the policy. viz. within fifteen da,
P. after the loss occurred; 80 that the
int was no evidence of the value of Il
buildings.
AS to the first and second groun
of the non-suit the defendants co
tention does not seem to be closely su
tanned by the authorities" 1t is fu
IR. Their held that plaintiffs were confin
.z.ss