The Hawaiian gazette., 1905-09-08
HIS TRUST
WELL KEPT

J. Alfred Magoon answers for him
self. and Kalama Rodriguez. widow;
Peter Rodriguez and Simon Rodriguez
answer for themselves, in the suit OF
Antoine Rodriguez and others against
Ealama Rodriguez, Peter Rodriguez.
Maria Coelho. Simon Rodriguez,
minor; J. A. Magoon. trustee, and ].
p Mendonca. The suit is petition
to appoint a trustee"
Mr.. Magoon admits that Antoine Rod
riguez died on December IL. 1891, leav-
ing land in Kalihi the exact area of
which defendant does not know. also
some personal property the value Of
which defendant does not know. =
He denies that his appointment as
trustee was illegal, claiming on the
contrary that he (Magoon) was legally
and duly appointed trustee under the
will of said Antoine Rodriguez
He denies that he failed to account
as trustee until the date of the petit
ton, alleging that he regularly report
ed in writing every transaction made
by him in the matter of the estate,
and had accounted for all the moneys
received and paid out, and that he be-
lieved everything done by him as trus-
tee was satisfactory to all parties in
terested, and that no demand was
made upon him by any of the plain
tiffs before the filing of the petition
for account. The account SO rendered
was to Kalama who" the defendant
says, 'is entitled to one-third of the
income of the said estate in lieu of
dover and, as the defendant believes,
the remaining two-thirds for the sup
port, education and maintenance
of all of her children, and to
Peter Rodriguez who appeared
to be acting for all of the children of
said Antoine Rodriguez interested in
the trust property"
Mr. Magoon admits that he has not
paid anything to Antoine Rodriguez,
and "alleges that he is not entitled. to
receive anything as he is about forty
years of age, is married, has children
and Is living in his own home separ-
ate from said Kalama. That said An
tone owes the defendant a large
amount for pasturage on lands of the
estate of said Antoine Rodriguez which
he refuses to pay though this defend
ant has often demanded the same"
AS to Anna Aiona, this defendant
says that she married her present hus-
band without the knowledge of this
defendant, who was then her guardian,
while she was still minor. Prior to
that time Anna was supported by Ka-
lama in tba the other
children, and after her marriage she
was permitted by this defendant, on
first consulting with certain Of the
other heirs, to erect a house upon
portion of the estate and occupy 1t
without rent.
Out OF the amount paid to Kalama
she had until recently to support her
self, Anna and Simon, and the allow
ance had not been sufficient therefor.
Peter Rodriguez, who had worked in
conjunction with this defendant and
lived at home, has assumed the duties
of father to Anna and Simon, and
supplemented their scanty income with
his own earnings to furnish them with
decent maintenance and support, this
defendant relates.
AS to ]. Kulia and Roselina Kulia
he says that, until the youngest child
of Antoine Rodriguez becomes of age,
they have no interest in the income
of the estate.
Concluding, Mr.. Magoon says that
he at all times carefully guarded the
interests of the persons entitled to said
estate upon the termination of said
trust. That when he was appointed the
buildings were old and dilapidated and
almost uninhabitable, that he repaired
the same and they are now in fairly
good condition for old buildings, all
expense of which is shown in said ac-
count. That the appointment of this
defendant as trustee was upon the
written request of said Anna with 9TH
ers, a copy of this written request Isl
hereto attached and made a part here
of, and that she is now estopped to
deny that this defendants appointment
was regular"
The appended account begins with
Nov. 2, 1890, with a credit of s19S.25
cash to the estate. Receipts up to
last entry, July II, 1905, amount to
sSo67.75. Payments from Aug. 10, 1900,
to August rs, 1905, amount to $3107S2,
leaving the estate in debt to the truss
tee $4O.07
The answer of Kalama, Peter and
Simon Rodriguez says nothing that is
not set forth In the trustees answer.
-~s-