The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-16


| fornia is chargeable against the es-
| tate or should be paid by Mrs. Parker
out OF the sum of $500 allowed her
monthly.
| CD Whether the above sum is pay
| able out of the balance of income of
| the estate after deducting Mrs. Par
ker's cne-third part of the net income
| of real estate or out of the income of
the estate, before deducting Mrs. Par
ker's one-third part Of the net income
| of the realty.
| (cD Whether under the provisions of
paragraph Ten the testator's children
are entitled to any share of the in
| come of the estate pending the closing
Of the administration.
| I'D Whether or not a share of the in
| come of the estate vests in any of the
children during minority or, being
1 minors before marriage.
4 Authorities are usually of little as
sistance in constituting the terms of a
l WILL for wills are seldom or never
framed in identical terms. We must,
1 therefore endeavor to find out what
the intention of the testator was by
| examining closely the whole will.
TeStator made a general bequest to
his widow of a sum equal and equiva-
lent to a one-thrd portion of what
should be decreed by the Probate Court
to be the value of his personal property
at the date of such decree. After this
bequest he devised and bequeathed To
1 his trustees under the will all the rest,
residue AMI remainder of his estate, in
| trust for the uses and purposes there
after expressed in the will.
1t might be said had testator stop
1 in no
general rule that legacies are payable
primarily out of personality, that it
was his intention that the personality
only should be resorted to in satisfac-s
| ton of this legacy, but his subsequent
| language would seem to indicate that
such was not his intent. In paragraph
| Three he provides that the legacy
should be paid ''in cash. and eff the
| conditions and interests of my estate
shall not warrant the payment of the
entire sum hereby contemplated at
one time, then my executrix and ex-
| ecutors shall pay the same as rapidly
as the income and interests of my es-
| tate shall permit without the sale of
| any real estate or the sacrifice of any
personal property, as means of rails
| ing such sum. but provided that the
entire sum shall be paid within two
l
No mention is made of a specific
| fund from whence shall be drawn the
wherewitha1 to meet this legacy Tes-
/ tator's language would seem to clearly
convey the impression that it was his
desire that his widow should be paid
this sum as quickly as possible and
out of any funds that might become
available from whatever source, the
only restriction being that no sale of
real estate should be made nor person.
atty sacrificed. The balance due to the
widow after the payment to her of the
cash on hand at testator's death was
approximately $125,000 and the an
nual income from the personal prop
erty, which is in the neighborhood of
$4,000, would have been insufficient to
satisfy the balance and in order to do
so it would have been necessary to
have converted at least a part of the |
personally, a contingency that testa-
tor seemed anxious, in paragraph
Three. to avoid when he expressed the |
wish that no personally be sacrificed. ]
1t is his plainly expressed intent that |
the trustees should beep the entire es-
tate intact. and it is also a significant |
fact that it is not until after the close |
of the administration the trustees,-l
regate' and keep apart the accounts !
of and pertaining to the realty of my
estate from the accounts pertaining to
any and all others thereof
AS none of the personally has been
converted that phase of the question
need not be considered. In the opinion
of the court the method pursued by
the eXecutriX and executors in pay
ing this legacy was the proper one
i. e, the legacy to Mrs. Parker was
properly payable out of the cash on
hand at the date of the testator's
death plus the net income from both
the realty and personality.
,. The sum of $4,000 expended by
the eXecutrix and executors in main
tanning and repairing the residence is.
in the opinion, of the Court payable
out of the gross income from the real |,
ty of the estate
,. The sum of so, 900 expended by
the eXecutrix and executors as Fam
lily Allowance UP to the close of adj
should be paid out of any
income in the hands of the executrfx
and executors from whatever source
received. Mrs. Parker is not entitled
to the payment of any sum by way of
Family Allowance" for the use of
herself and her children after the close
Of administration OF the estate.
t. The sum of SIS. 600 expended by
the cNcautriX and executors in con-
necti"n with the realty. such as COM
missions on the income from realty. |
etc. should be paid out Of the income
Of realty.
.. DD The sum of &&7t5.95 spent by !
Mrs. Parker for travelling expenses
ana maintenance OF children having
|