The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-09

of SIS
as his fee held excessive; a fee of s25.
COURT PERRY,
This appeal from decree of Circuit Judge of the
First Circuit in Probate dsaowng the commissions of
administrator amounting s24s4o and charging him with
masters fee of $500. The facts are these:
j. A Magoon appointed administrator with the will
nexed the Alma deceased November 49,
1885, duly qualified such administrator the 18th of
December following On December 49, 19Oo
having been the filed by the administrator of
the legatees under the will filed motion the matter of the
said deceased Probate that the administrator be
ordered to file his accounts SUCH On the same day the
desired fled covering the period from the ns
tuition of the the date of fling Thereafter the accounts
referred MASTER who after examination presented
report wherein he called attention to the fact that notice to
creditors had been published and that vouchers were
filed for twelve items of cash paid the egatee
and for their education and for expenses of the trust
amounting all $3.50 In all other respects the
found in substance Subsequently the signed
Decree ordering rst that the said administrator be directed
publish the newspapers of Honolulu the usual notice to
the creditors Of the herein required by law second
that the item $2434O credited by the said administrator in
of the said eate for which he has presented vouchers
be daowed and the said $243 be credited
the said esate third that the said administrator be charged
with the sum $75 masters fees that decree the
administrator appeals to this Court.
On behalf of the appellant it contended that courts of
probate have the dsaow the commissions of
administrator of maadminstraon of failure per
form the This question has been settled adversely the
appellant See In Estate of Kama, II Haw 420, 422,
where Court said: he the administrators
daowed The law clear that statutory
provided for the faithful and proper execution of and
where administrator does comply with the duties devoved
upon him by his appointment he is entitled to commissions
See also In Estate of Joseph Lazarus 10 Haw 242 where
this rule recognized Whether commissions
should be dsaowed in whole part be de-
termined by the of the of par
tcular disallowance is ordered penalty but
because the required have been performed that
extent, and therefore, the compensation due,n other
words compensation allowed only for services actually
faithfully rendered.
Under circumstances this case the disallowance of
all of the iustiabe2 We think No obiec-
tons made the exceptions the
masters report by the gatees It fair them presume that
the accounts contain statement of receipts and expend
has any suggestion contrary been by
counsel for the appeees The MASTER although remarking
the lack of vouchers for the
to- oes not find that the payments made shown by
the accounts does he recommend their dsaowance nor
they dsaowed by the Circuit Judge The to cred
ltors required by law published filed
other than those under consideration and there was
considerable unnecessary delay in closing the but
upon the record there believe that there has
been failure the part of the administrator comply with
his duties in any other respect that any financial has
resulted the legatee Under all of the of the
case think that justice to the legatees and the admin
istrator requires dsalowance of the aers
of the sum of fifty dollars and no more.
Simple interest should also be charged against the admin