Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-16
IWO-1HlRDS TO FITCH
(continued from PAGE ~

tnat the only relatives OF decedent
were brothers and sisters resioIng In
Portugal" The expenses OF admins.
tration amounted to $S79.4s, leaving
a balance in administrators hands Of
s973.52.
On June goth. 1901, da Pallos filed q
petition for revocation OF letters Of
administration heretofore granted to
Osorio, and alleged that the only sur
viving heir Of decedent was his wild.
ow. On August 23rd, when the at
counts came up for approval, A. @.
Correa representing the administra.
tor Thomas Fitch representing de Pal.
los ,attorney-infact for the widow, and
j. M. Vivas representing an alleged
sister. the administrator was discharg.
ed. having paid the money due the es.
tate into court, and an order Of par
tial distribution was made authorizing
the payment to Thomas Fitch as at.
torney for the attorney-in.fact of the
widow of one-half OF the funds so de.
posted in court, there being no ques-
ton that the widow was entitled to
one-half Of the estate, even II there
was a sister living. In this order Mr..
Vivas was allowed until November
23d, 1901, to produce, II he can, evi.
dence Of the existence and rights Of
heirs-at-law, other than the widow.
Mr.. Fitch thereupon drew from the
court the sum of s4s6.76, being the
one-half Of the money due the widow.
The motion to fix the fee of Mr..
Fitch was on the ground that Mr..
Fitcn had taken percentage upon
the whole estate as attorney for da
Paulo when da Paulo was mot yet the
attorney-in-fact for Jacintha da Silva,
the sister OF said deceased, and that
said Tom Fitch not only charged 20
per cent. commission on the moneys
received but also on the valuation Of
the real estate.
Mr.. Fitch receives out of the total
sum Of s973.52 the sum of $65495, OF
almost twice as much as his client.
II seems that Mr.. Fitch charged 20
per cent. on the assumed value OF the
real estate belonging to the decedent,
although the court did not and could
not in any manner decide as to the
ownership of the real estate belonging
to the estate Of the decedent. This
was not affected by any proceedings
In probate.
The court having ordered the sec.
ond sum OF money paid to one of It's
officers, Mr.. Fitch, upon finding that
there was sister who was entitled to
one.half of the estate, modified its or.
der OF distribution and ordered Mr..
Fitch to repay the money into court
as da Paulo, for whom Mr.. Fitch act.
ed. did not represent at the time the
money was paid over, the sister oil
decedent. From this order Mr.. Fitch
appealed and the appellate court held
that, although the money was ordered
by the court to be paid to Mr.. Fitch,
nevertheless the court had no power to
order Mr.. Fitch to repay the money
into court. II would seem therefore
that the money having been paid out
Of the court there is no power In this
court, under the present proceedings.
to take any further steps in the mat
ter. as much as It would like to. II
da Paulo has, as attorney-in-fact for
the widow or the sister, made any
foolish bargain with his attorney
which he should not have made, his
remedy would be by other proceed.
ings. If da Paulo as attorney-in.fart
for either the widow or sister, has not
accounted TO them for the estate, their
remedy Is In a direct proceeding
against him. This court tried to get
back into the estate what II thought
was improperly paid out, but was told
by the appellate court that II had no
power to so act In this probate pro-
ceeding. II seems to me that the court
has no power now to order In these
probate proceedings that da Paulo
turn over the property, or what he has
left Of II, TO those whom he acted as
attorney-in.fact for, for his action was
theirs In so far as these proceedings
are concerned. II an action for an 40
counting should be brought against
hahi hhbht 10 hhue W aCSOuhl
the property, but no such order can DO
made In this probate proceeding.
The court has gone into this matter
at great length, but It has done SO In
order that the exact status OF the es.
tate might be seen. and this is done
more particularly as the claimants are
resident Of Demerara, Guiana. and
have communicated with the Consul
here, who has asked the status Of the
| case.
The demurrer to the order to show
cause will be sustained and the order
dismissed. and II is SO ordered.
Some women can speak with their
eyes, but they don't