The Hawaiian gazette., 1904-04-05
MONEY HELD
WR0NGFULLY.
A Serious CHARGE
In re ClenCh
Estate.
(From Saturdays Daily.)


Mary F. Cousins, as guardian of
Mary j. Clench, widow, has filed petit
ton for settlement of the estate of w.
c. Clench, who died on March Is, 1900,
leaving a wife and two sons, VIM. c..
Clench, residing in Canada, and
Thomas B. Clench in Honolulu.
Petitioner alleges that James T.. Full
lerton was appointed administrator OF
the estate on August 2, 1901, and at
once took possession of the only per-
sonal property owned by deceased
known to petitioner, namely: S2S5 in
bank and $274 proceeds of certain per-
sonal effects sold by the widow to save
them from deterioration. Fullerton is
alleged to have held such funds since
and, the widow having paid the funeral
expenses, there were no debts to pay
the petitioner says, land no reason
existed why the estate should not have
been settled promptly and such funds
and any others realized by the admin
istrator paid over long since to your
petitioner and the two sons, who only
We're justly entitled thereto.
MISAPPROPRIATIO ALLEGED.
Petitioner further says" the docu-
ment proceeds, that she has been in
formed and believes, and on such in
formation and belief alleges, that said
Fullerton has been using the funds of
said estate for his private gain in max
ing loans on interest from time to time
and has realized large profits therefrom
which justly and of right belong to
said estate
The right of petitioner to bring suit
is shown in the following statement:
Your petitioner further shows that
said Mary j. Clench, who suffered
greatly from rheumatic troubles, left
the Territory of Hawaii to reside in
California in the year 1901 and there
after took up her abode in home for
aged people in San Jose in said Cali
fornia, but that being of an extremely
aggressive nature she caused such
continual trouble and disturbances that
an application was filed by her daugh-
ter, Mary F. Cousins, the petitioner
herein, for guardianship, which appli-
cation was duly granted and petitioner
was appointed such guardian with full
power to act in all matters affecting
the interests of her said mother; that
she thereupon, through her attorney,
w. r. Castle, in Honolulu, has several
times requested said Fullerton to close
up said estate and pay over all funds
in his hands to this court for distribu-
ton as by law provided, but he has
wholly neglected so to do in violation
of his duty as by law required, and
your petitioner respectfully represents
her ward is seriously in need OF her
share of said estate"
She prays that Fullerton may be re-
quired to give an accounting of the
sl.,~ t,,tN NJ n
gether with all of the profits thereupon,
also her law costs and attorneys fees
and charges sustained in consequence
of his neglect to make account and set
Element, and when all those things are
done that Fullerton be discharged and
the estate distributed. Her attorneys
are Castle G. Wilmington.
James e. Fullerton, against whom
the serious charge above reported has
been made, has been the recipient of
many pickings, such as appraiserships,
from Judge Gear during his term.
DIVORCE CASE ARREST.
Georgia Mabry Nelson, in her divorce
suit against Frank ID. Nelson, brought
a bill for maintenance against the libel
lee, asking for payment by him OF costs,
q reasonable attorneys fee and $l5
week alimony. Judge Gear has issued
an order to show cause in the matter,
returnable on Monday morning at ~
o'clock.
Petitioner by her attorney, q. M.
Watson, sued out writ of ne eXeat
republica, making affidavit that the re-
spondent had declared in the presence
of herself and others that he intended
to depart beyond the seas and out of
the jurisdiction of the court. Under
this writ Deputy Sheriff Chillingworth
took Nelson into custody.
CHEW MANS CASE.
Return of summons to Chew Man,
the absconding administrator of the
estate of Yee Chew Fan, deceased, has
been made as having been left at his
last place of abode in Honolulu. This
is in the suit of Judge De Bolt, as sue
cessor to Judge Humphreys, against
Yee Chin and Lam Hong, sureties on
Chew Mans bond. Chew Man ran Off
with 5000 of the estate money and Is
now in Manila. His bond was In the
sum of Sl5, 900. Defendants by their at
torney, Avon H. Crook have filed
demurrer
COURT NOTES.
Rosa Brosch has brought n libel for
divorce against Jacob Brosch, on tne
ground OF failure to support herself
and their child, "A boy now more than
one year of age, since August, 1902
The couple was married Nov 2, 1901,
by the late Bishop of Panopolls,
Judge De Bolt made AN order giving
the First National Bank of Hawaii
one day more Ia which 10 answer the
petition of II, HaCkfrld A 60, against
j, NJ, Mcrhesney ana itself