The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-01

recommend their disallowance; nor were
they disRuoWed by the Circuit Judge.
The notice to creditors required by law
was not published: no accounts were I'll
ed other than those now under consider
alton, and the estate was not closed
within one year. which apparently could
have been done, but uron the record
there is no reason to believe that there
has been any failure on the part OF the
administrators to comply with his duties
In amy otner respect, or that any finan-
.cial lows has resulted to the legatees. I'm
der all the circumstances Of the case, we
think that justice to the legatees and
to the administrator requires disallow-
ance out of the latter's commissions OF
the sum Of $50 and no more. Simple in
terest should also be charged against the
administrator or the sum of s55. Sc from
April l, 1892, at the rate current during
the period. the said sum being the cor
rected balance on hand at that date, and
not since expended. A reasonable mas
ter's fee. the payment of which is made
necessary by the default of the admin
istrator, may be properly charged
against the administrator as a part of
the expenses of the litigation. - 1t
was the administrators neglect and de-
lay in this case that rendered the refer
ence necessary. The masters fee, then,
whatever 1t is In amount, should be paid
by the administrator. We think. how
ever. that the award of SIS is excessive
fee of $25 is all that in our opinion,
the services rendered justify.
The decree appealed from is reversed
and the cause is remanded to the Circuit
Judge of the First Circuit for such fur
Their proceedings as may be necessary in
conformity with the foregoing views
COURT NOTES.
against the Kapiolani Estate was before
the First Circuit Court all day yesterday
and was continued until today Magoon
& Thompson and Hatch & Silliman ap-
peared as attorneys for plaintiff and ].
T. De Bolt, Attorney Kaulukou and
Kinney, Ballou & McClanahan for the
defendants.
The defendants In the ejectment suit
of L. All Pau against Wong Kwai and
Wong Hong Yuen yesterday filed by
their attorneys, Magoon and Thompson
an answer of general denial to plaintiffs
complaint.
Return of summons has been made In
| the case of Hattie Kanani VS.. Joseph
Kaia, showing service upon the defend
ant by Deputy Sheriff Chillingworth
| PROBATE.
The testimony Of ]. K. Kaunamono,
witness to the will Of the deceased In the
| matter of the estate OF Annie N. Holo
kahikf, was taken yesterday by J. A
Thompson, who was by the Court ap
pointed for that purpose upon petition Of
a daughter Of the deceased, showing tina
said witness was in danger of dying ant
| that his testimony in the matter was i'm
portant.
APPEALS FILED.
| Notice of appeal, certificate and record
and also bond on appeal, were filed yes
| terds.y in the case of Manuel Gouveia VS.
/ Nakamura, by Ernest c. Peters, defend
ants attorney.
Appeal has been duly filed in the cas-,
| of T. T. French VS.. Migrate Boswell b,
| the plaintiff by his attorneys, Andrews
Peters and Andrade. from the judgmen
of the lower court in favor of the de
PENDANT.
AND STILL THEY COME"
J. w Keliikoa, member of the Hous
of REPRESENTATIVES, applied yesterday t.
| the Supreme Court to be examined pre-
paratory to being licensed to practic
law in all courts of the Territory. TIL
1 applicant already holds commission t
practice in the lower courts, but desire
to GO before the upper courts. He VII
| be examined tomorrow morning at /
| o'clock
FEDERAL COURT.
Thomas Saffrey. indicted by the Gran
Jury on a charge of forgery, yesterda,
plead guilty before the Federal Court an
was sentenced to one years imprison
ment in Oahu jail.
GOVERNORS COUNCIL.
| The Governor and heads of depart
| n1ents met in secret session yesterda.
afternoon. Even A. G. S. Halves, Gov
elnor Dole's private secretary, was ex
Guided from the meeting and the pro
ceedings were not given out.