The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-09-07
HIS TRUST
WELL KEPT
Magoon Defends His Do
inss in Rodriguez
Trusteeship.

J. Alfred Magoon answers for him
Peter Rodriguez and Simon Rodriguez
answer for themselves, in the suit of
Antoine Rodriguez and others against
Kalama Rodriguez, Peter Rodriguez,
Maria Coelho, Simon Rodriguez,
minor; J. A Magoon, trustee, and ].
P. Mendonca. The suit is a petition
to appoint a trustee"
Mr. Magoon admits that Antoine Rod
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, lis 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 a minor. Prior to
that time Anna was supported by ka-
lama in the same manner as 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 a
portion of the estate and occupy it
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 a 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 J. 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 We're old and dilapidated and |
almost uninhabita BILE, 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 is |
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. ,, 1900, with a credit of s19S 25 |
cash to the estate. Receipts up to |
last entry. July II, 1905, amount to
s3O6715- Payments from Aug 10, 1900,
to August %, 1905, amount to $780,. 80,
leaving the estate in debt to the trus-
tee S4o07
The answer of Kalama. Peter and
Simon Rodriguez says nothing that is
not set forth in the trustees answer |