The Hawaiian gazette., 1901-01-25
GUARDIAN IS
DISCHARGED
lets Taxes on Property
Lapse
NEW TRUSTEE APPOINTED
Big Plantation Suit is Commenced
Executors Wish TO Be
Discharged.

A strange condition oi AFFAIRS wa
brought to light yesterday when the
guardianship matter Of kealohaokala'
nj. q minor. was heard before the Firsi
Circuit Judge. The guardian liz Ha
waiian named John Pa'e. who has held
that position OF trust for Ave years. In
that time, according to the evidence
adduced before the Circuit Judge. the
guardian has adopted queer and un-
heard OF methods In his stewardship
Of his wards estate.
This consists Of property on Emma
street. Pa'e has jeopardi2ed the prop
erty TO such an extent that If the
leases given by him are allowed TO con-
tinue the minor will soon be under the
necessity OF paying out considerable
money to retain his property.
Among the guardians numerous cd
dities of transacting business Is PEN
chant for entering into long leases and
receiving thereafter lump sums in pay
ment. These sums have in all cases
been rdiculously low and unproft-
able.
The location Of the property is such
that IL should yield a steady annual
income. leaving n net profit after pay
ing the taxes and water rates. For
example. the guardian rented "A portion
OF the property for the term OF ten
years for the lump sum of 5000 for the
entire period. or about 800 a year. An
other time a portion was leased for
fifteen years for $3.50 in a lump sum,
or about $40 per annum. Again a piece
was rented out for eight years for sl20
a year. which was an indication that
the guardian was coming to his senses
and endeavoring in a very bungling
manner to recoup the losses which the
estate had to bear; and yet later on.
for the paltry sum of s25 a year ten
years rental on a piece of land was
granted.
When the eXigencies of paving the
taxes on the property arose, the guar
dian was not equal to the occasion and
they were allowed to lapse, and as
delinquent he was compelled to pay the
10 per cent penalty which the Govern
ment exacts. The guardian also SEEM
ed always to be behind in paying his
water rates, and the same course had
to be pursued in enforcing their pay
ment.
The court yesterday ordered that the
guardians resignation be rendered and
to be accepted after his accounts We're
examined. p Dawson Kellett, Jr.. was
appointed master, to report next Tues
day morning. The accounts are in a
demoraliZing tangle. The court order
ed that the guardian be dlsalowed all
commissions since the date OF his APP
pointment and charged with all deln-
quencies in the payment of taxes and
water rates. Attorneys fees are also
to be disallowed. 1t is probable that
Frank Archer of Eva. Oahu, will be
appointed guardian to succeed Pa'e.
Ho Sun, the guardian of the Hawaiian
enate of Kan Yee now residing in the
village of Cheong Sa Pao. District OF
Heong San. Kwong 1'ung Province, En-
pire Of China, and who was the subject
of the First Circuit Judges attack upon
the integrity of Chinese administrators
of estates, guardians of minors, and eX-
eCutors, yesterday made formal arplica-
ton for the appointment OF p. Dawson
Kellett, Jr., to succeed him in the stew
ardship OF the minors estate in Hawaii
Ho Sun says the minor was born in
Honolulu in 1895. and that he holds in
trust for the child sl912, which is now
in the possession of the clerk of the
First Circuit Court. The guardian says
1t is necessary that some one should he
appointed guardian to succeed himself, he
having duly rendered his RESIGNATION
which was accepted by the Judge for
the purposes of investing the amount for
the benefit of the minor He believes
that p. Dawson Kellett, Jr.. is a NJ and
proper person to be appointed as such
guardian.
In re deed of trust from A. KaInccui
lO and Kealia (w) to A. Rosa the First
Circuit Judge has filed a decree appoint
ing David Kanewanui as trustee under
said deed of trust in the place of A. Rosa,
trustee. deceased. with fun power and
authority to execute said trust in the
manner set forth in said deed, and to
act without bonds.
The petition of Henry Federhen, al
leging that n deed of trust was executed
by s. Kameeui 0S) and Kealia (w) to A.
Rosa on the 18th day of April 1896. by
the terms of which real estate of Homo
ILL. Oahu. was conveyed to A. Rosa upon
certain trusts, among others that he
should convey, after the decease of the
grantors. all of said land to the petition
or and to Geo. Federhen, as tenants in
common.
Kameeui. Kealia and A. Rosa are all
deceased, and no provision had been
made in the deed of trust for the APP
pointment of a successor. Therefore pc
titioner requested the court to appoint
ID. Kanewanui.
Judge Kaula, OF the Second Circuit
Court. Maui will sit at 10 o'clock In the
Eva courtroom OF the judiciary build
ing, TO hear arguments In the bin for
injunction. and 10 cancel lease brou0
by the Hawaiian Commercial & Su
Company. II. N. Sanford, Manuel a.
and John Pereira Pico VS. the Maui :
gar Company, Limited, a Hawaiian cor
poration, and ]. X. Smythe, Willie
smythe. Eddie smythe. Lalza Smythe,
Lokana, Kepani, Jr., Kele Lokana, ST.
miona Lokana, Ekekela Lokana, Loo
Pook' l.. Pauahl j. Kaea. Kaneelii-
Ill, tameka Tom Kee. 81 al
The suit was brought praying that an
Injunction issue forthwith restraining said
defendants. their agents and servants
from selling, transferring or eneumher-
ing their lease or any interest therein
from parting with the possession OF the
hooks and records Of the hut or from
Interfering with the enjoyment OF the
premises In question: and that the In,
junction may be made perpetual They