The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-07-21
MASTER AND
ATTORNEY
Duality Of Davis
In Campbell
Estate.

The estate OF the late James Camp
bell, with its millions of value, was be-
fore Judge Gear yesterday afternoon
A petition of the executors for approval
of accounts was the special matter
There were interesting passages in the
proceedings. Both partners of Holmes
& Stanley appeared for the executors
who were also present, viz: Mrs. abb
gail Campbell Parker Cecil Brown and
j. o. Carter. Geo. A. Davis appeared
for the heirs, after having formerly act
ed as master reporting on the accounts.
Judge Gear did most of the examin-
ing and cross-examining of the wit
nesses, in a manner too which produced
some warm retorts from Mr.. Brown.
Mrs. Parker testified to her knowl-
edge of the administrative proceedings.
| With regard to the st. James Hotel
property at San Jose. Cal, she stated
that everything done by her was with
the advice of her attorney, Mr.. Bird.
| She was not aware that the will was
void under the laws of California with
regard to that property. In answer to
Judge Gears question as to what her
wishes were regarding the children,
Mrs. Parker said with emphasis:
II wish the chil1ren 20 have all that
they are entitled to-"
YOUNG BUILDING BONDS.
Cecil Brown, after making some ex-
plantations from the attorneys place on
the floor, was suddenly called to the
,, witness stand by Judge Gear.
Mr.. Brown had stated that the execu-
tors had not advised the heirs regard
inc hn
property. 1t was then that he was call
ed UP as witness. The court inter-
mingled both questions and comments
to him. Mr.. Brown said he did have
conversation with Mr.. Carter about
taking $4,000 bonds of the Alexander
Young building. The estate had
mortgage from Lucy K. Peabody on
property which had been swept clean
by the Chinatown fire. Interest on this
had been in arrears for eighteen
months or two years. Mrs. Parker took
the mortgage and paid $4,000 for the
bonds.
THE COURT SNEERS.
you unloaded the mortgage on Mrs.
Parker" the court said with a depreca-
tory smile.
1T was at Mrs. Parkers request"
Mr.. Brown answered. 1--WE did not sell
the mortgage to her as eXecutrix, but
as Mrs. Parker" Further discussing
administrative transactions, Mr.. Brown
stated that Mrs. Parker had said she
wished the children to have everything
that belonged to them.
Being asked If the Young Building
bonds transaction was in the interest
of the children, Mr.. Brown exclaimed:
Every transaction in which there is
no fraud, and which benefits the es-
tate, is in the interests of the estate.
This transaction is entirely irrelevant
to the matter before the court. l take
issue with the court on this question"
You may take issue with the SUI
preme Court" Judge Gear rejoined.
Mr.. Brown said the bonds yielded an
income to the estate which it would not
otherwise have. They could not have
disposed of that mortgage to save their
lives, as the improvements were all de-
stroyed by fire.
SAN JOSE PROPERTY.
Mr.. Brown admitted that the prop
erty known as the st. James Hotel at
San Jose was in the inventory, and
went over the whole of it's history after
Mr.. Campbelis death 1t had passed
from the hands of the public admins
traitor into those of the then Mrs.
Campbell, who had taken out letters of
administration with the will annexed
as she herself had testified. 1t was sold
under the provisions of the California
code for s175,O00 nominally, and Miss
20 hall hn
title and could give title. She made a
trust deed to the executors which was
not recorded. Witness did not know
whether they were acting as executors
or trustees-that remained to be decid-
ed by the courts.
FAIR WILL QUOTED.
Mrs. Campbell believes she is en-
titled to that property, under the de-
cision in the Fair will case" Mr.. Brown
said
All that he had paid the Princess
(Mrs. Kawananakoa) or Miss Alice
Campbell was one-fourth of the income. |
He had not given either of them any |
advice because he did not think they
needed it, and they never asked for 1t.
Miss Alice knew that she was entitled
to one-eighth of the property or one
fourth of the income. Under the cir
cumstances unasked advice would have
been officious. I'VE want distribution
of this property" Mr.. Brown concluded
on that point.
REMARK THAT IRRITATED.
Judge Gear made a remark that i'm
piled a charge of inconsistency in what
Mr.. Brown had said in different con-
nections.
Every time have appeared before
this court in this matter" Mr.. Brown
forcibly exclaimed facing round to the
bench. II have used the words execu-
tors and trustees coextensively. and
submit that do not take 1t In good
part for the court to hold me up every
time l use one word for the other"
II there was an intention to reflect on
the honesty of Mr.. Carter and himself.
he would like to know 1t. The executors