The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-16
Bic WILL
CONSTRUED
Judge Lindsay's Ruling
in the Campbell
Case.

] Yesterday Judge Lindsay delivered a
! decision in the matter Of the construc-
ton of the will of the late James Camp
| hell. TIE bill for the construction OF
the will was brought by Abigail n
Campbell Parker, Joseph o. Carter ana
Cecil Brown, trustees under the Will
| of James Campbell, against the heirs
1 to the estate, namely, Abigail II.
Campbell Parker, Abigail w. Havana
Irakoa. Alice K. Macfarlane, and Murlei
X Campbell Beatrice Z. Campbell,
Abigail Helen Kapiolani Kawananakoa,
David Kalakaua Kawananakoa and
Kawananakoa, minors. After setting
forth the facts OF the bill for con-
struction and the will itself at length.
Judge Lindsay holds that:
| on August 81, 1900. the probate court
decreed that the value of the personal
property OF the estate was S1,073,225.i4,
and that the sum of 1857, 741.91, being
| a one-third part thereof, should be paid
| TO Abigail K Campbell-Parker in the
manner provided by paragraph Three
| of the will
There was cash on hand at the death
| Of testator amounting approximately
| to 1898 039 Is and this sum compartments
paid over to A. K. c. Parker Com
plainants did not find it necessary to
convert any of the personal property,
but from time to time, as funds came
into their possession, made payments
to the said A. K. G.. Parker until the
balance of her legacy was paid in full.
This was accomplished within two
years limited in the will. These funds
were derived from the general income
of the estate, l. e., from both the realty
and personally.
On July 8, 1905, compliments having
filed their accounts as executr1x and
executors under the will and the same
having been approved, they were order
ed by the court to distribute to them
selves as residuary devisees and ieg-
atees in trust the residue of the prop
erty belonging to the estate and since
said date they have been and now are
acting as trustees under the will.
The executrix and executors have
since the death of testator expended the
sum of SAG, 900 or therea bouts in main
tanning and repairing the residences of
testator
BY order of the Probate Court the
executrix and executors have paid to
Mrs. Parker as family allowance the
sum of $500 per month up to the time
of their discharge as executrix ana
executors, these monthly sums aggre-
eating $4,000.
In the management and control of the
estate the executrix9 and executors
have expended $S5,000 in connection
with the realty of the estate, such as
executors commissions on the income
from realty, insurance, taxes, water
rates, alterations to buildings other
than homesteads etc.
Prior to the discharge of the eXecu-
trix and executors, Mrs Parker ex-
pended cover and above the monthly
sum of $500 paid to her by way of
family allowance for the use of her
self and her chiIdren) the sum of 49,
1855 for travelling expenses and main
tenance of her four children while on
a tour of California. Doubts have
arisen in the minds of compliments as
TO the true construction of certain OF
the provisions and trusts contained in
the will and in their bill raise the fol-
lowing questions
LIST. Whether the legacy and beuuest
to A K c. Parker contained in para
graph Three of the viii is properly pay
able
tO out of the cash on hand at the
date of the death OF the testator and
proceeds of personally subsequently by
the eXecutriX and executors, OF
CD out OF the cash on hand at the
Gate Of the death of the testator and .
Of personally subsequently
converted as we'll as the net income /,
from the realty and personality of the /,
estate until payment of the said legacy |
or either of them.
md Whether the sum of $4,000 eX- ;
pended by the eXecutriX and executors !
in maintaining and repairing the resi- !
iences of teStator should be charged .
'gainst the principal of the personally /
~ the estate or the income thereof or
GallSt the realty Of the PStQtp or the .