The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-04-04
COURT NOTES.

presented by the ATTORNEYS OF James
Huure. Junior bee allowed by Judge
Humphreys. Rosa was the guardian
of the property OF Hoare ana at his
death his accounts were found To be
a. tangled as TO be almost impossible
Of uuayer .g. ]. T. Colburn. as eXecu-
tor Of q estate of Rosa. made his re-
port re emily and it has been acceped
as final
Tie master, Lyle a. Dlckey, is to be
allowed fee of $3.50.
The estate of Antoine Rosa Is TO be
charged with S. ,53323. as shown by the
final accounts. Interest is to be charg-
ed on uninyested principal amounting
TO S2SS.Oi and FOR uncollected rents,
$219O.54 Is 10 be charged, making a total
of SlO,6ll.Sl, which the Rosa estate Is
charged with. OF the account OF 4099.33
charged to James HOare Jr., a bill for
lumber and penalty added to water
rates amounting to S311.15 is disallowed.
further charges Of Sl1S.3l are also dis
allowed. The sum of S2G.2j for penalty
on taxes Is disallowed, and $685. allow
ances to ward is also disallOwed. The
sum of S310.i6 for commission by j. +.
Coburn Is charged to the Rosa estate.
OF the total credits for disbursements
by the Rosa estate in the sum Of
$g24OO3. the sum Of 7O4s. SO is allowed.
The Rosa estate is therefore sur
charged in the sum OF $3562.9j, as q
November 10. 1892. with interest at 9
per cent, to Nov. -, 1898. amounting to
$l71765, and at per cent from that
date TO January 30, 1902, amounting to
$S25.4l. making "A total Of S6l03.Ol,
which the Rosa estate must pay to
James Hoare If Judge Humphreys
signs the decree which is now to be
presented.
THE MACFARLANE WILL.
The last win and testament of the
late r.. &. Macfarlane was filed for
probate yesterday. with a petition for
the appointment of @. w. Macfarlane,
II. w. Macfarlane, +. w. Macfarlane
and Mrs. Florence /. Macfarane nee
Ballinger, as executors.
The personal property Is valued at
$35, 600, and is made up as follows: 1926
shares of the Royal Hawaiian Hotel
CO., Ltd; 100 shares of Macfarlane &
CO., Ltd. one-third interest in Hawai-
ian Hotel Annex, Waikiki and one third
interest in the Puuloa Sheep and Stock
/ Ranch co.
The will is dated January 10th, 1902,
| and was made just prior to Mr.. Mac
farlane's marriage to Miss Florence
Ballinger, who is named as decedent's
| hancee in the will. The will was sign
ed by Mason o. w. Gilbert and NJ.
Lishman as witnesses.
In the first paragraph Of the will the
executors as given above are named.
Paragraph two says: 1T is my will
that my interest in the firm OF Mac
farlane & Co. and in the Royal Ha-
waian Hotel and i'm the Hawaiian
| Hotel Annex at Waikiki, and all other
| business that | have, shall in the event
| of my death be continued intact and
managed by my said executors for a
| term of five years from the date of my
death, and that the net income there
OF shall be used as a fund to prosecute
! the respective interests except specific
sums to be appropriated and paid as
hereinafter directed"
During these five years and until the
| final distribution of the estate the eX-
! ecutors are directed To pay to Miss
| Florence |. Ballnger the sum OF $3.50
a month and from the remainder Ito
pay all necessary sums for the com
Portable support of my mother, Eliza
Macfarane, during her life"
| At the expiration of five years final
settlement is to be made and the as
sets are to be distributed, one-siNth to
| Henry r. MaCfarane, one-slxth to Geo
! w. MaCfarlane, one-siXth to Frederick
w. Macfarlane, one-siXth TO Clarence
w. Macfarlane and two-siXths to Miss
Florence Ballinger-M acfarlane.
Paragraph five says: MY object ir
deferring the final settlement Of my es'
! a, 10 tA aIN-fn oil aAnfnGipn
| financial annoyance to the members o.
the business firms of which | am Z
member. and my executors are in
structed to at any time 'ad interim,
whenever II will be TO the interest o
my estate and the business co-partneri
TO finally reduce the assets Of my es
tate to n divisible condition, to pa!
and deliver to the different legatees III
proportions specified hereinbefore. saw
and excepting the one third bequeathe,
; to Miss Florence Ballnger, and one
, sixth bequeathed to Clarence w. Mac
! farlane. which ! charge and direct m,
! executors to deliver to the possession
c Of Frederick w Macfarlane and Jos
. q. Carter in trust"
I The hearing of the probate OF tn
= will is set for May 9th. 1907.
FALK INJUNCTION CASE.
Judge Gear held court yesterda
morning to take evidence I'm the in
z junction suit OF L. c. Ables against {
J. ]. Falk and the Honolulu Stock an
Bond Exchange. Ables claims to hay
been given lien upon Falk's Stoc
/ Exchange seat for a debt OF $4,000.
Ables bought fifty shares OF Waielu
, through Falk, and but thirty w're re
= | ccived by him, and he seeks to re
IN mr. n tr
: ing twenty shares The Honolulu Stoc
Exchange claims that under its by
, laws It cannot be held for the debt
= n member. but that the members
' the Exchange have the first call upo
!, the vacant membership for debts d.
:, them. The arguments will be mat
this morning, the evidence haNir
= been concluded at noon yesterday,
!. FEDERAL COURT.
An answer was filed in Federal Cou