The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-05
S $4,000 TOO
MUCH WAS PAID
GEORGE a. DAVIS AS MASTER
SAYS AN HONEST MISTAKE OF
THAT AMOUNT WAS MADE.

\ report was filed this morning by
George y. Davis, as master in the es-
tate of the late James Campbell, in the
Circuit Court, and finds that the ac-
counts of the trustees should be charg-
1 ed to the extent of about $40, 900. of
which $4,000 is money paid by mistake
to the Princess DENOMINATION. DAVIS
report also contains hint that the
Campbell estate trust was not legally
| created at all. The estate H. valued at
about $1,000 900 and was left III trust by
the testator, with Cecil Brown, j. O.
Carter and Mrs. Campbell- Parker as
executors and executrix AMI trustees.
Davis does not discuss tha ue5ti1n
of whether the trust is a valid one, but
in his report he says that there ere
number of important legal gu sstlunS in
volved in carrying out the will and
goes into the question of when the
trustees assume their powers. He finds
that they assume charge IF at all"
when the decree of distribution IS en-
tered and they are discharged as exc
cutors and eXecutrix.
Another point that will be raised On
the hearing of the report is as to the
payment of 1857, T41.91 to Mrs Camp
bell-Parker, being her share of the es-
tate. If it should be held that this
money should not have been paid over
until the entering of a decree of dis
tributiOn, it will be ordered returne to
the estate.
Davis says that the income of 81 SEQ
per month, allowed by order of the
court for family maintenance, is not
sufficient. In view of the value of the
estate he thinks that the allowance for
family maintenance should be at least
the amount of g per cent interest on
half million dollars. or 100000 per an
mum, and he recommends that this
amount be allowed hereafter. The re-
port says;
The Princess has been paid more
than her income. Miss Alice Campbell
has not been paid in full The Prin-
cess has been paid $l3753.94 in excess
Of what she is entitled to under the
provisions of the will, and Miss Alice
Campbell is entitled to 81, 256.36.
Mrs. Parker, the mother of both of
these minor children, has displayed
her competency to take care of and
train up and see that the rights of
these children are fully and amply pro-
tected. The mother, upon the death of
the husband, is the natural guardian OF
her offspring and WILL in almost every
case, do more for them than an arti-
nclal parent or protector that a Court
Of Equity or Probate may appoint So
long as this estate is in the hands of
competent, impartial and honest men
and under the supervision and close
scrutiny of a Court of Equity or Pro-
Date, the conduct of the affairs of this
estate will be carried on with diligence
and ability.
The provisions of this will are very
peculiar and the ablest counsel could
easily De mlsledand it is difficult taking
the Will as a whole, to conclude lust
what was the intention of the testator
so that so long as the estate is intact
and the income arising from both realty !
ana personally has been fully protected |
ana taken care of a simple mistake |
such as paying Mrs. Parker's share of |
the personal property out of the income |
instead of out of the principal, can !
easily be remedied and adjusted and it !
is the bounden duty of the trustees as I
soon as they enter upon their duties TO |
SET aside a fund providing for the |
minor children to wit: the sum of 500 |
1861 to Muriel Campbell and the same
to Beatrice Campbell, which
money should be Immediately invested
by the Trustees, under the SUPERVISION
Of Court of Equity.
The executors and executrix must
repay to the estate of James Campbell
the sum OF l3,I5594 paid under an
honest mistake to the Princess Kawa-
nanakoa and so received by her as her
share of and income from the estate.
can easily be made to re-
turn the amount to the executors and
aXecutriX
The sum of $1S, 1884 paid to the
Princess Kawananakoa is disallowed
The report Of the executors declared
he estate indebted to them in the sum
If Sl4S69.69 but Davis finds that on
account of the erroneous payment to
he Princess, an item of 500, 900 covered
~ check issued to Mrs. Parker and
lot cashed and other items aggregating
0, 1884, the executors owe the estate
Yer $4,000. The Recommendation that
guardian be appointed for the minors,
which Davis disapproves, was made by
:. NJ. Brooks, as counsel for them
Nant IL In Gtnr nnnr I,,,L ....-