The Hawaiian gazette., 1904-02-23
A FORTUNE
IS VANISHED
Debts Must Take
Precedence of
Legacies.


Court, which vacates decree by Judge
Robinson in the suit of William Lone
Austin against r. William Holt, Annie
Harris, Elizabeth X. Richardson and E
V. Richardson, also the suit OF John
ID. Holt Jr. against William Lono Aus
lin by writ OF error.
William Lono Austin brought a bill
to declare trust and enforce a charge
on real estate, under the will OF his
adaptive mother and guardian, Eliza
| Wood Holt. whereby she devised all OF
her property to her husband, Robert
| William Holt. suDlect to charge cre-
ated as follows: Il hereby charge my
estate with the payment OF the sum OF
| twenty-five dollars per month for the
board, maintenance and education of
/ William Lono Austin during his mi
nority, and the payment thereof to be
continued thereafter during the term OF
his natural life"
Bruce Cartwright was appointed ad-
miniStrator, acting as such from Feb
ruary 9, 1892, until his discharge on
October 23, 1893. In his administration
he sold real estate to defendants named
in these suits and to Holt, plaintiff in
error, applying the proceeds to payment
OF the estates debts. The complainant
alleged that the sales were not confirm
ed by the probate court and that the
real estate was sold for less than its
vaue. He prayed that the defendants
! be decreed respectively to hold the
property purchased in trust and under
charge TO pay the legacy already NEIL
toned naming S3I25 as the aggregate
due to date, and interest and costs. By
the decree the properties were declared
subjec to the claim in the sum of $345o
as aggregate of the monthly charges to
date, together with $4,000 interest and
$3T costs, a total of $64S1. This amount
forthwith decreed to pay to William
Lono Austin"
In vacating the decree and remandng
the cause TO the Circuit Judge, the STU
prcme Court holds that the debts were
a first charge on the real estate, there
being no personal property TO pay them,
and says that the contention of the plain
tiff failed to take account of the vital
principle contained in the maxim that
"a man must be just before he is gen
erous." The law OF the cases at bar is
thus summed up in the syllabus:
sumed i'll paying the debts of the estate,
it is error to exclude testimony offered
to sustain such defense"
c. +, Peterson and T. McCants
Stewart represented VIM Lono Austin;
Robertson & Wilder and Kinney, Nc
Glanahan & Cooper the opposite parties.
WRIT DOES NOT RUN.
The Supreme Court by unanimous
n,;,;p, T,e,;ca C,lbr,;,L ba;,c, 3l,a
writer, sustains Judge De Bolt in the
VS.. c. Ding Ling as trustee for Oy
Shock kec Co., an unincorporated So
ciety, and c. T. Akana. Judge De Bolt
declined to issue a writ of ne exeat, to
prevent c. Ding Ling from leaving the
Territory without paying an alleged debt
of $2ooI6 for which suit had been start
ed i'll the Circuit Court ]. A. Magoon
and ]. Lightfoot were attorneys for the
plaintiff; Lorrin Andrews and w. S.
Fleming for defendant c. Ding Ling
The Supreme Court holds thus:
The basis OF the plaintiffs demand
for the writ being debt it would be
"A gratuity made a charge on real
estate by will is taken subject to the
payment OF the debts against the estate.
Ii the entire estate is consumed in pay
ing debts the beneficiary takes nothing.
Where a legatee files bill in equity
to enforce trust against property con-
veyed by the devisee without authority
from the probate court and it is answer
ed that the property was sold for its
full value and the entire proceeds de-
livered to the administrator and con-
impossible for the sheriff to execute