The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-18

result view of the fact that the defendants M he was
guilty of it alleged consisted preventing the plaintiff
from obtaining through the ditch but preventing
him, by of dam above the of higher ditch
from obtaining any water all through either the old or the
new ditch. -
trial is ordered
Messrs. c. Creighton and A G. Coraea for plaintiff
Hessrs. Kinney Ballou McClanahan and IT, A. Bgeloso
for defendant.
IN THE SUPREME COURT OF THE TERRITORY OF
DECEMBER TERM, 1900
IN THE MATTER OF THE ESTATE OF JOSEPH LAz-
ARUS, DECEASED
APPEAL FROM CIRCUIT JUDGE, FIRST CIRCUIT
FREAR, CO., GALBRArrH AND PERRY, JJ
charge against
will of in inventory being
in his
opinion charge against the
executor of interest
of $3.50, and order that he
his commissions sustained
OPINION THE COURT BY PERRY. j.
The executor of the will of the decedent appeals from
order of Circuit Judge of the First Circuit sitting
of Probate charging him with the of $34O cash hand
the time of the institution of the and with the
1864 being interest for year eight per 1850
being funds of the by the a
pean and requiring him masters fee of 800 Of
his commissions
The facts in brief follows: the will of the decedent
was after contest admitted probate and the appellant APP
pointed August 6, 1897 The contest against the
admission of the will probate continued in proceedings
until April 15 $685. when the Supreme Court rendered de-
cson in the matter overrung contestants exceptions On
May IL 1900 the filed his accounts which certain
objections the day hearing made by various parties
interested The thereupon referred to MASTER
who, after taking testimony filed report, therein, inter dd
charging the with the of $34O above referred
No exceptions noted either by the by
ee to this report and the Circuit Judge confirmed this charge
of s40 and his notion further charged the executor
with the two other items above mentioned.
Passing by the possible objection that exceptions
noted by the the masters report and without refer
the rule contended for by the appeees that the finding
of entitled much weight the verdict of jury
and that must be upheld if there any evidence support
think that the finding Of the and of the Circuit Judge
the evidence The fled his
inventory August - 1897 six days after his appointment
and in that inventory charged himself with the OF $34O,
describing "cash in j. S. Walkers hand" The presump
ton is that did his duty and promptly after his appointment
what property the deceased left and took
of The item not entered by the executor
Schedule his and the explanation offered by him
at the hearing that the entry the
tory was made upon information furnished by Eeazar
Lazarus son of the deceased the effect that the
toned of the decedent the time of his DEATH
that upon opening the afe such found there
The execto further that the safe opened in the
presence Eeazar and perhaps of the widow Eleazr
died in 1898 and the widow called witness by the
executor The reports that occasions ne re-
ouested the exhibit for his examination his original
books of accounts but that the failed to Upon
the evidence, the finding to the $40 is affirmed
At the time institution of the trust the OF $4,000,
belonging to the estate of the decedent, deposit
bank October 90 1891 the executor withdrew from the
bank $3.50 check payable cah bearer and ON the
2sth the further of $4,000 check
also cash bearer On October s. 1885, the
Of $26S4 received by him from sales of certain stocks be-