The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-06-16
JAMES CAMPBELL
ESTATE ACCOUNTS
(From Saturdays Daily.)

decision covering thirty typewriter pages, Judge Gear
passed yesterday upon questions relative the estate of the late James
Campbell The decision concludes with order
file forthwith amended date in accordance with the
views laid down. and setting the hearing the amended and
petition for final distribution for Monday June 20.
The will strange of its provisions Judge Gear
says the outset, and striking example of the extent which,
under the Territorial laws testator tie vast estate
for long period 1t ties the principal of the estate until
BILE period after the death all the living children of
the tetor and gives part of the estate living child the
alone being disposed Of Such wills favored law
and it would be well if laws passed here New York and
other States where lives in being the limit of time during
which the fee be suspended such the laws of California
prohibiting a trust to convey"
The finds the will also peculiar in that there does
be transfer of the fee of the realty the executors being
and control it. There is devise of the realty the
There pages of technical discussion of the difficulties the tesla
placed in the of distribution in the will of twenty-five
The gives details of many items of expenditures the
which the not authorized out 1t de-
cde that they cannot take trustees until discharged executors
after decree of distribution In their the executors charge
themselves with and ask be credited with
leaving balance of $4 SO due them The distinguishes the
separate of the wife of the and gate
Judge Gear finds that 1857 74191 paid to Mrs X Parker,
should all have from principal and from income sub
sequent report recognized this leave amend being requested
He asks if IS paid to Mrs. Parker as her third of the
income authorized by the will be paid while the
in the hands of the executors The question is discussed and
this is the answer by the court:
"Whle it from the WILL and hold, that the
such had authority pay out this to Mrs
Parker still to that the will gives Mrs Parker her one
death and only from the time of the taking possession of
the estate"
But later the concludes that there be distribution to
before they could pay this money Mrs Campbell They
ordered to be surcharged with this $53 27465.
With regard the payment of $3592O3 Princess Havana
daughter of the esao the figures pages show
instead the Princess avng been paid much shown
supplemental report of Mr. Cecil Brown and found by the
be the of $1 1894 she is entitled to than she
by 1913 making difference in her favor of $256S
Gu 1t found that the Princess and Miss Alice Campbell both be-
ing stand in exactly the situation Mrs Parker in
their right their share of the whole income concerned
this the calculates that Miss Campbell instead of having
been paid S109001 should have received $i7 ,S53,9S
The commissions of $32,61.52 should be srcmged in toto in
far it rendered due. If considered paid it should have
deducted from charged all the payments above
noted and $4,000 Mendonca bonds.
Items of expenses proper amounting to $61561 found
segregated that it is impossible if they correctly
charged long list of items with the comment that they
should be charged to principal.
$331O35 from the San Jose property collected
the thinks improperly because the executors had not taken the
property.
family allowance of $40950 should be charged principal
and the income from the personal property similar finding
made for homestead repairs the Emma street
premises it found that $32 29340 investments of the bal
due stocks should be charged principal and the income
credited and the principal accounted debted with the
1t decided that the minor children shall have guardian OF their
property, but of their persons, appointed.