The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-08-16
HOW DAVIS
WAS CHOSEN
Explanation by Judge
Gear in Campbell
Minors Affair.

Judge Gear made an order yester-
day appointing J. ]. Dunno as guardi-
an OF Muriel Campbell and Mary
Campbell. minor children OF the late
James Campbell.
In connection with this guardianship
Judge Gear has filed an opinion. Aft
er reciting the reasons for appointing
a guardian which ne gave or the
previous occasion. he says with refer
ence TO the recent hearing and the
petition OF Mrs. Campbell-Parker for
the removal OF George A. Davis. since
resigned, as guardian:
while the executors have undoubt-
edly been advised by Mr. Bird that
the proceedings had were proper, both
Mr.. Brown and Mr.. Carter admit that
the will is void in California. If the
trustees and executors now contend,
however, as the Court so understands
their contention, that the proceedings
in San Jose are legal and proper and
that the property can legally be made
subject to the trust in the will. 1t fol-
lows that their contention is diametri-
cally opposed to the interest of the
II llG 0OuIlS tOiC4uSlOn 10
correct and the will be void in Cali
fornia, for in one case the children get
their share OF the fee OF the estate
and in the other they get only their
share of its income. 1t is a question
of law. in the consideration OF which
the trustees set up a contention adj
verse to that of the rights of the chill
dren, as this Court concludes them to
be.
The question then arises as 70 wheth-
er this Court, having concluded il to
be convenient and necessary to ap-
point guardian of the estate of these
children, should be governed in its
selection and appointment of a guard
ian by the wishes or request of the
mother, who is the executrix and one
of the trustees, or the executors and
remaining trustees
while the Court is not inclined,
nor does it wish to make an appoint
ment which would be obnoxious to the
parties personally, it is of the opin-
ion that under the circumstances it
would not only not be proper to al
low any of the trustees to nominate
a guardian, but that on the contrary
it would be improper and contrary to
the well-settled rules of law to do
So"
Here Judge Gear quotes several au
thorities on the proposition just stated
and proceeds to say:
''This being the law, 1t is apparent
to this Court that it would be grave
error to allow one who is Incompetent
to be the guardian to dictate whom the
Court should appoint. 1t is the Courts
ms 20 aS "a
Court believes will faithfully and con-
scientiously perform his duties. and
while the Court hopes its appointee
will be satisfactory to the trustees, 1T
cannot nor will IL allow them to die
tate the appointment.
''Under the law OF this Territory the
Judge Of Probate, when 1t shall seem
to him convenient or necessary may
appoint guardians for minors and 9TH
ers.
''The Court, while having the highest
regard for the honesty and integrity
of the executors and trustees named.
nevertheless differs from them as 20
the rights of the minors in this case
and. therefore, for the purpose of liti-
eating these matters, If necessary, as
well as for taking care Of the inter-
ests of the minors. will appoint an
other guardian for them.
LAS no cash has been received from
the sale of the San Jose property. the |
bond need not be as large as the last |
one"
Below his signature the Judge Of |
fers this explanation of his appoint |
ment of George A. Davis:
I'm this connection it may not be |
out of place to state that, when the |
executors filed their accounts, Mr. Ce-
ell Brown asked the Court on behalf |
of the executors to appoint Mr.. Da-
Wis master, and at his request and |
nomination the appointment was
made. Mr.. Davis in his report recon-
mended that no guardian should be
appointed. but the Court agreed with
the guardian ad Item and made the |
appointment, appointing the very per-
son the executors had nominated as |
master. and believing at the time that |
the appointment would be equally as
acceptable as the one asked for be-
fore. 1t will be seen, therefore, that !
Mr.. Davis originally came into the |
case at the request and instance of |
the executors. and not at the sugges-