The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-06-09
MACON IS
TURNED OUT
Had No Authority
As Banning
Trustee.

cision in the matter of the estate OF
J. F. o. Banning, refusing to accep,
the accounts Of j. 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
4 from Mrs. Clara Banning who had
been designated as trustee by Judge
| Cooper. The court holds that this APP
pointment of Mrs. Banning was null
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 land
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"
TT seems to me-" continues Judge
Gear, that the court would be dere-
lict in it's duty should it allow the
matters to proceed any 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 no avail, but it ap-
pearing that the trust fund is in the
Jurisdiction of this 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 las trus-
tee under the will of ]. F. c. Banning.
deceased" was unauthorized and void
as beyond the jurisdiction of the pro-
bate court. The fact that the court
made such an order and that 1t had
been acted upon for long time does
not warrant or authorize the Court
as a court of probate to continue in
erroneous rulings, approving these &C
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; "In any view of the case,
it seems to me that 1t 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 APP
pointed by the Court. In no other
way can administration Of this es-
tate ever be closed up. The mere fact
that the administrator has resigned
and that his resignation has been ac-
cepted does not close up the estate. 1
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 1t
further appearing that the funds of
the estate are now in the hands of
Mr.. J. Alfred Magoon, the said ]. AL
fred Magoon 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.. ]. AL
fred Magoon since 1894, not being the
accounts of anyone authorized in law
to 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 later date"
DEGREES.
Yesterday Judge De Bolt filed his
decree, in accordance with his oral
decision on Saturday, dismissing the
application for a writ of quo warranto
in 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
thrift. in place of G. A. Davis, re-
signed.
LEASES CANCELLED.
Judge Robinson signed an order to
cancel certain leases made by David
Kahanu in his lifetime, on the petit
ton of David Kahoana, administrator.
1t appeared that Kahanu leased two
pieces of land to japanese which he
had some years previously sold to the
late James /. Dowsett. The Dowsett
tstdlt d6Ictu, aS Stdtcu lile pcll-
ton, to release the Kahanu estate
from all claims on account of the
leases. This was therefore included
in the order.
CASES SET.
The divorce trial of Caroline NJ.
johnson VS.. Kaholomoku Johnson was
continued until Wednesday.
Judge Robinson set the partition
suit of Keahi vs. Iaukea for trial on
June 16.
Time for Benjamin Haywood Wright
to file his bill of exceptions to convic-
ton and sentence for embezzlement
is again extended, with June 22 as the
day.
PROBATE MATTERS.
Mrs. Juliette Montague Atherton
was appointed executrix of the will
of her late husband, Joseph Ballard
Atherton. without bond as requested