The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-06-09
MACON IS
TURNED OUT
Had No Authority
AS Banning
Trustee.
His Account Rejected
and Himself
Elected.
Wills of Two Lamented Citizens
Probated-Decrees Signed
ard Gases Set.

Judge Gear yesterday rendered a de-
cision in the matter of the estate OF
J.. F. o. Banning, refusing to accept
the of ]. Alfred Magoon and
ordering that the accounts filed by
Magoon since 1894 be stricken from
the records as void.
w. f. Allen was the former admin
istrator and he resigned July 18TH
1894. Since then, according to Gears
decision, Mr.. Magoon has been AFRO
eating to himself the duties of trus-
tee, acting under a power of attorney
from Mrs. Clara Banning who had
beer designated as trustee by Judge
Cooper. The court holds that this ap-
and void, as the resignation of Mr..
Allen had not been accepted at the
time it was made.
After quoting from a decision in the
same matter, wherein the Supreme
| Court declared that Mr.. Allen could
not delegate his powers and also from
the decision in the McBryde case, the
court says that in this estate case the
trustee went even further. Mrs. Ban
ming did not even file an account and
she has never since 1894, or at all. made
up any account or signed her name
to any account, and she has not only
allowed the agents account to be put
in as her account, but the agent him.
self has sworn to the account and
filed it as his own"
1T seems to me-" continues Judge
Gear, that the court would be dere-
lict in rs duty SHOULD it allow the
matters to proceed ny longer in such
a way. Mrs. Banning, not being with
in the jurisdiction of this court, an
order requiring her to account person.
ally would be of nc avail, but it ap-
pearing that the trust fund is in the
Jurisdiction of his court, the Court
will order it Immediately paid into
court, and will APPOINT another admin
istrator with the Will annexed in place
of w. F. Allen who resigned. The
appointment of Mrs. Banning "as trus-
tee under the will of ]. F. o. Banning,
deceased" was unauthorized and void
as beyond the Jurisdiction of the pro-
bate court. The fact hat the court
made such an order and that it had
been acted upon for a long time does
not warrant or authorize the Court
as a court of probate to continue in
rulings, approving these ac-
counts; and the fact that the accounts
have been heretofore approved does
not preclude the court from now in
quiring into previous prior accounts.
Further; I'm any view of the case,
it seems to me that it is the duty of
the Court to order the fund, which is
now in the hands of Mr.. Magoon, to
be paid into Court until an admins
traitor with the will annexed is ap-
pointed by the Court. In no other
way can administration Of this es-
tate ever be closed up. The mere fact
hat the administrator has resigned
and that his resignation has been ac-
cepted does not close up the estate. I
shall therefore order that, Mrs. Ban
ming never having executed this trust
and never having accounted to this
Court, and it appearing that she is
a nonresident of this Territory, and it
further appearing hat the funds or
the estate are now in the hands OF
Mr.. ]. Alfred Magoon, the said ]. AL
fred Magoen deposit the funds, forth
with, with the clerk of this court. I
refuse to pass the account, and order
that the accounts filed by Mr.. j. AL
fred Magoon since 1894, not being the
accounts of anyone authorized in law
10 file them, be stricken from the files
of this court, and declared to be of no
force, effect or validity. The court
will appoint an administrator with the
will annexed at a later date"
DEGREES.
Yesterday Judge De Bolt filed his
decree, in accordance with his oral
on Saturday, Diminishing the
application for a writ of quo warranto
the First National Bank case. Each
party is to pay its own costs.
Judge Robinson signed a decree
making the Henry waterhouse Co.,
Ltd, trustee for James Love, spend