The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-02-16
ESTATE Of
ANT, ROSA
Complicated Issues Are
Reported by the
Master.

W. K. Sims, master, has filed an eIab
| crate report on the intermediary ac
count of John T. CoIburn, executor Of
| The executor had charged himself with
| $13, 560.SS receipts, and asked to be al
lowed 81, 045,74 disbursements A re-
| quest had been made of the executor TO
furnish exact data of policy of inst.r-
ance, about which there is some diff
Guilty, but, the master says, up TO pres
| ent writing he has not done so. An aft
| idavit by the executor on Sept. IL.
1898, said he had in his possession
$54l.52 belonging to the estate. Now
he fails to account for this on the
ground that it was subsequently demon
strated to him that the money was in
reality the property of Mrs. Rosa, hav-
ing come to her IN settlement of her in
terest in an insurance policy.
No data of professional fees due de-
cedent as a lawyer could be found by
the executor in detail or total. The
only item of the kind in the collections
is one Of $122.50.
Lot No. I, land at Kaalawai, has
heretofore been the subject of special
Judicial procedure. BY an order of
Judge Gear the property was sold I'M
der condition that the proceeds should
be subject to further directions, the
widow having claimed her dover light.
1t was bought by G. A. Long, trustee
for $4,000. The sale was confirmed, but
the auctioneer S expenses of $243 are
not shown to have been paid. sit APP
pears, 3" the report says, "that the pur-
chase was made by Mr.. Long on be-
half of Mrs. Rosa and that the pr1ce
bid was not forthcoming On account of
the nonsettlement of her dover in the
estate which had been admeasured at
$5364.81 by commissioner duly appoint
ed therefor. The parties in this matter
proposed that Mrs. Rosa should pay into |
the estate the difference between the |
price bid and amount of dover admeas-
ured, l. e., $635.18. The master is in |
formed that the sale viii be made good |
at the original price upon settlement |
of the widow s DOVER
Regular payments for the support of |
the widow AMI children, of so a week |
as ordered by the court, ''were made |
till July 81, 1899, but not thereafter,
except so as of August and October,
1899.
A settlement of William Mahuka IS
claim Of $13, GOO for $4,000, among the
payments, had been offered by Mr.. Col
burn on behalf Of Mr. Rosa in the lat
ter Is lifetime. This looked well enough
in the light Of facts then existing. but
the master says that, f|since the claims
of creditors have grown to $15,016.66
the question will naturally now arise
from other creditors as to the right of
the executor to make Mahuka a pre-
ferred creditor without having been
heard in the matter, and this is mat
ter in which the master is of the opin
ion he is disqualified to pass upon.
The remaining items are in the mas
ter s judgment correct, and he there
fore recommends their approval. A
statement of existing liabilities is APP
pended, thus;
'38 sundry claims accepted
by executor ...........$ 4, 1880
So claims (alleged) liability
therefor being expressly de-
MED by the executor. viz:
James Hoare, $6103.61; es-
tate Antoine Rodrigues. ST.,
340.05 estate Antoine Phil
ippe, 1920 .,........-.... 10,S63.O6