The Hawaiian gazette., 1901-01-22
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 a faithful stewardship
OF dead mems estates. The case then
at Issue was the application of II. Sin
Fook, to be appointed guar dian of the
property OF Kan zee. MINOR. whose
residence is in China. The startling an
nouncement was made when the final ac-
counts of Ho Sun, guardian, were fled.
Despite the statement that the guar
dian was lax in his vigilance in matters
pertaining to the welfare of his ward s
estate, the masters report, filed yester-
day, shows that the guardian for seven
years has been faithful to his trust, and
that 1t 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
OF the application was brought before
the Circuit Judge yeste day wherein the
masters report was confirmed. the ac-
counts of the guardian approved. and
Ho Sun, the guardian, d scharged. Inc
application to have II. Sin Fook appoint
ed in h $ place was den,ed and the APP
pointment is yet hanging fire.
Il. ID. Kellett, Jr., the master, in his
report says he has held several inter-
views with the guardian.
While 1t is true that his method of
loanng 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
II as an accommodation to his friend,
the father of the minor, who is now in
the Empire of China with his son.
THE guard an stated he has felt some
timidity about taking securities upon
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.
Il 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, NTH and sixth ac-
counts, although filed annually, We're not
taken up for disposition until March 20,
1900, when they were approved bv Judge
Perry. who must have noticed, but said
nothing, about the method of making
the loans.
called to 1t by Mr.. Brown. the attorney
] 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 ago
was I,4325O. and at present amounts to
Sl,9l2. showing a gain of N79.5O in that
time, after paying out the usual admin
istration expenses.
ut is to be noticed that the elements
OF neglect and waste are quite absent in
the guardians administration of this
matter; In all probability he intended to
70 slow in the matter of loans. so that
in case of loss he would have very little
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 T. the
Circuit Judge yesterday ordered that let
tiers testamentary be issued to William
Mulch and Frederick q. Harrison, to
wind up the affairs of his estate. They
are to file an approved bond in the sum
of 5000 and an inventory within thirty
messed by James Finney and Edgar T..
G Fl, was admitted to probate
The decedent upon the day of his death
Gned the following document. which is
his win and in lieu OF signing his name
affixed an "X":
Honolulu Sanltarium,
December Z. 1900
II, the undersigned, request Mr.. W.
Mulch and MIR. Fred Harrison, both Of
Honolulu, TO act together as administra-
tors OF my estate. this being made OF
my own free will. and. in case OF nay
death. as follows:
ITO divide equally my estate 10 my re-
latlons, namely, one brother and four SIS
tiers, supposed to reside at present In
Chicago u. s. A. Brothers name. otto
Rabe. AZ years, cabinet-maker by trade;
Emily Rabe, Hedwlg Rabe. Agnes Rabe,
Bertha Rabe,
II declare that I own ranch OF TWEEN
ty-four acres in Burbank, Los Angeles.
seven miles out, now occupied by John
Adamsoni also ten shares Oahu sugar
stock: about $500 In Spreckels' Bank:
about 1850 In Security Savings Bank and
Main Street Savings Bank In Los Ange-
les. further state that |. Robert Gus
tave Rabe. aged IS. born at Port Wash
Ington, Oaski County. Wisconsin, sign
this OF my own free will and accord"
MASTER FINDS DISCREPANCIES
VIM ], Forbes, master appointed to ex-
az .ae the accounts Of j. a. Magoon. adj
~ srator Of the estate OF Alma, de-
e. yesterday flcd his report The
eHf one In which the administrator
new '.l an account, although he was
suppu.. o. guard the Interests OF the
tf'Hiu more than dozen yeats.
When 4. lc.rs few weeks since petit
tened ufr circuit court 10 have the ac-
counts urH rsi INTO court. the accounts
were L.td .Ge same afternoon by Ma
COON, l.ulcr on action was brought BY
the Del charging MhEoon with fraud
m tho position VI property belonging
o. tho rstItH. The master says
The accounts were Med December No.
iffo. GOVERNS period from December 2,
iikf. 81 Apfl = rbg the total amount
" money received hy iHe administrator
as Urr schedule lH tl.NisiQl diabuTher