The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-22
HIS TRUST
WAS KEPT
Chinese Guardian an
Honest Man.
THE NEWS OF THE COURTS
Discrepancy Found in Attorney J. A.
Magoon's Accounts as
Guardian.
FEW WEEKS ago the First Cir

his opinion Chinese administrators were
not to be trusted and could not be de-
pended upon for faithful stewardship
of dead mems estates. The case then
at issue was the application of Fl. Sir
Fook, to be appointed guardian of the
property Of Kan zee, a minor. whose
residence is in China. The startling an.
counts of Ho Sun, guardian, were filed.
| Despite the statement that the guar.
dian was lax in his vigilance in matters
pertaining to the welfare of his wards
estate, the masters report, filed yester-
day, shows that the guardian for sever
years has been faithful to his trust and
that it was one of the most reputable
members of the bar, Cecil Brown, who
had for seven years prepared and pre-
scented the accounts, which have in
creased, and show no losses. The matter
iof the application was brought before
the Circuit Judge yesterday wherein the
masters report was confirmed, the ac-
counts Of the guardian approved, and
Ho Sun, the guardian, discharged. The
application to have H. Sin Fook appoint
led in his place was denied, and the ap-
pointment is yet hanging fire.
p. D. Kellett, Jr., the master, in his
views with the guardian.
while ii is true that his method OF
loaning out the funds of this estate is
open to criticism, there is also much to
be said in his favor. He said he never
sought this appointment, but only took
it as an accommodation to his friend,
the father OF the minor, who is now in
the Empire of China with his son.
1.-The guardian stated he has felt some
mil IA
real estate, the title to which might
have been open to contest; neither did
he wish to pay out heavy expenses in
order to get none but first-class mort
cages.
II believe that this guardian has
acted in good faith in the management
of his trust. He has filed his accounts
regularly each year during the past sew
en- years. The schedules of account were
all, except the final account, prepared
and presented to the court on the guar
dams behalf by Cecil Brown, Esq, a
reputable attorney of this court The
second, third, fourth, fifth and sixth ac-
counts, although filed annually, were not
taken up for disposition until March &c,
1900, when they were approved by Judge
Perry, who must have noticed but said
nothing, about the method of making
the loans.
IF the guardians attention was only
called to it by Mr.. Brown, the attorney,
i believe that he would have been prompt
to discontinue what may now seem to
be an irregular mode of making loans.
But it has been an irregularity, if any.
which has caused no loss to the estate,
unless the court should hold that he
ought to have done better in the matter
of swelling the principal"
The master goes on to state that the
principal of the estate seven years age
was s1,4S250, and at present amounts to
s, 912, showing a gain of $479.50 in thai
time, after paying out the usual admin.
Iistration expenses.
TT is to be noticed that the element:
of neglect and waste are quite absent il
the guardians administration of thi:
matter; in all probability he intended t
go slow in the matter of loans, so tina
in case of loss he would have very littl,
loss to repay to the estate
RABIES WILL ADMITTED.
| In response to the dying wishes of Rob
ert Gustave Rabe, who died at the Ho
nolulu Sanitarium on December Z, tn
Circuit Judge yesterday ordered that let
| tiers testamentary be issued to William
Nutch and Frederick G. Harrison, t.
wind up the affairs Of his estate. The,
of 5000 and an inventory within thirt!
/ days. The will of the deceased, wit
messed by James Finney and Edgar 4,
Golf, was admitted to probate.
! The decedent upon the day of his dealt
signed the following document, which il
his will. and in lieu of signing his nam,
affixed an "X':
Honolulu Sanitarium.
| December Z. 1900.
II, the undersigned, request Mr.. w
Autch and Mr. Fred. Harrison. both o
Honolulu, to act together as administra
! tors Of my estate, this being made O
my own free will, and, in case of N.
death, as follows:
ITO divide equally my estate to my re
lations. namely, one brother and four sis
tiers, supposed to reside at present il
Chicago, U. S. A. Brothers name, Ott'
Rabe, AZ years, cabinet-maker by trade
Emily Rabe, Hedwig Rabe, Agnes Rabe
Bertha Rabe.
| 81 declare that own a ranch of TWEEN
ty-four acres in Burbank, Los Angeles
seven miles out, now occupied by Johl
! Adamson; also ten shares Oahu suga
stock; about $500 in Spreckels' Bank
about $500 in Security Savings Bank an
Main Street Savings Bank in Los Ange
les. I further state that i, Robert Gus
ltave Rabe, aged As. born at Port Wash
iington, Oaski County, Wisconsin, sig
this OF my own free viii and accord
MASTER FINDS DISCREPANCIES.
VIM. ]. Forbes, master appointed to ez
famine the accounts of ]. a. Magoon. ao
ministrater of the estate of Alma, de
ceased. yesterday filed his report TIL
estate is one in which the adminstrato
never filed an account, although he wa
supposed to guard the interests OF tn
estate for more than dozen year:
When the heirs few weeks since pet
toned the Circuit Court to have the az
Ieounts ordered into court, the account
were filed the same afternoon by. Ma
lgoon- Later on action was brought b
the heirs charging Magoon with frau
lin the disposition of property belongin
to the estate. The master says:
THE accounts were filed December l
1890. covering period from December
1855, to April 1, 1892. The total amour
lof money received by the administratc
as per Schedule A is s3,e49.10; disburst
ments. sS,o43.54, leaving balance to tn
credit of the estate of s5.56.
4 have summed up the items and fin
the footings TO be correct. On page
OF Schedule A. however,, there appear
to be a discrepancy. The item of Febrr
airy 4, 1890, gives All Sing credit for ba
aGee for August 50, and on account {
September 3d. making s12, but tn
amount is carried out in the schedule q
$40, making the schedule e short.