The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-07-01


w. Carter, the guardian. to transfer
the case to Judge De Bolt on the
ground that he is properly the judge
to hear the case. The decision referred
TO the rules of the court at some length.
The Judge denied the motion on the
ground that had the suit gone before
any other judge by the Second Judge
1t would have been an error. 1t was
not a matter of inheritance" that 1t
should go to Judge De Bolt, the First
Judge, as the order appointing Mr..
Carter rs guardian was made by Judge
Stanley, Second Judge.
a new phase of the matter will come
up on the motion of j. 5. Low, next
friend Of Annie Y. *. Parker. to re-
move a. w. Carter as guardian. \ de-
murrer was filed by a. w. Carter, and
Elizabeth Jane Knight, mother of the
minor. has also filed a demurrer
through her attorney, j. ]. Dunno, and
argument on the same was set for
Thursday at 10 a. IN.
ALLEN ESTATE REPORT.
Petition in the estate of the late
Samuel Allen for allowance of final ac-
counts of the executrix, and hearing
on the masters report, came before
Judge Gear yesterday morning The
court ordered the executrix and execu-
tors to amend their accounts accord
ing to recommendations made by the
Master, following which the distribu-
ton of the Estate can be made. The
report covers period from May 10,
1903, to and including March 81 1904.
ut,t.y oh
themselves with S436, ,7S92S. The Master
says in part:
Bills receivable, s21sOOi.99 In
cuded herein are II promissory notes
Of II. a. Jaeger in the sum of $780,
91770. These notes were payable on
demand bearing interest at the rate of
s per cent per annum, for which there
was hypothecated collateral security
as follows: McBryde Plantation Co.
bonds par value, $4,000; Territory
Stables CO., Ltd. capital stock per
value, $1,000: bin of sale 100 mules.
This account shows these notes to
have been paid in full and the receipt
of actual cash therefor.
Upon investigation. I find that the
transaction was effected, through mu-
tual arrangement of the parties, by the
executrix and executors taking over n
portion of the collateral hypothecated
by Mr.. Jaeger, viz: 113 $1,000 Nc
Bryde bonds and accrued interest, at
par, amounting to $l15, ,7S250, and in
consideration thereof Mr.. Jaeger's
notes In the sum of sl06,9l7.7 and ac-
crued interest, $S,S64SO total, s115,-
1880, We're cancelled and liquidated,
the remainder of the securities being
released to Mr. Jaeger. l find also
included under this head, partial pay
ment of $500 January 29th 1904 on ac-
count of II. NJ. Dow note. This loan
was negotiated out of funds which had
already been distributed to the trus-
tees by the eXecutriX and executors
and should therefore be eliminated.
Substitution of securities, in my
opinion, should properly be shown in
inventory of the estate.
However, the nature of the Jaeger
transaction was such that it involved
elements which entitle the eXecutriX
and executors to remuneration. 1t be-
ing the mere letter of the commission
provision which causes the master to
question the charge, which might be
allowed, If the Court can construe the
taking of bonds as the same as receipt
of moneys.
According to the master, nearly
5000 is overcharged for commissions,
unless the Court decides that the bonds
transaction was a cash proposition.
THE REID ESTATE.
Mrs Grace Lucy Reid, widow of the
late Hugh c. Reid, yesterday filed a
petition in the Circuit Court for letters
of administration on the estate to is
sue to David Dayton. An inventory OF
the estate shows that it is valued at
about $1,000, consisting of lease from
the Kapiolani estate, household goods,
chest Of pattern makers tools and
cash in the Bank of Hawaii and in
Bishop Il Company's Savings Bank.
Besides the widow there are four chill
dren as heirs.
COURT NOTES.
Remittitur in the case of Daniel c..
Allen VS.. Geo. w. Lucas and Albert
II. Lucas Thomas r. Lucas, the
younger, Lydia c. Lucas the younger,
and Norman NJ. Lucas, minors, has
been filed by Henry Smith, clerk of the
Supreme Court. remanding the case
to the Circuit Court for further pro-
ceedings consistent with the said de-
Cislon.
The case of II. Il. Cooper VS.. the Is
land Realty Company has been set for
hearing in Judge Gears Court for Fri
day at 1890 n. IN.
A decision was rendered yesterday
morning by Judge Dole on respondent $
motion for costs, expenses and dam
ages in Hoffschlager Company, Ltd,
vs.. Young Nap, awarding an attorney S
fee of $50 and other costs the whole
aggregatiug 800.
In the matter of the petition of Kulu
for letters of administration in the
estate of Ewaliko Hull, the court
granted the petition and appointed HUI
lu administrator upon filing an ap-
proved bond in the sum of 5000.
.C0IINTY ATT MFMRFRS