The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-30

! the mistake of using J. for w. in tht
! initial Of the name of Brash. Re.
spondent not noticing the error signed
the correct abbreviated given name
viz, VIM, but anyone who is mo-
wiIfully blind knows that such an er.
ror is not one of substance and is al
ways easily remedied." The claim wa!
/ signed Estate VIM. Brash and Susar
/ Brash by their attorneys Magoon 6
Thompson, Guardian Susan Bras91.
and, the respondent says. though tn,
| form of the signing is web known tx
said Judd and Z. NJ. Watson, they per.
s.st in falsely stating that the respond.
ent signed the same as administrator
/ of the estate of VIM. Brasil
! 10. The respondent here repeats ths
contention as above that the admins
| tator had nothing to do with a claim
/ based on real estate. 1T would be
| just as sensible to claim that if the
government had dumped some of the
| soil from the land on which the build
| ing stood into the bay Magoon
argues, 1.-The claim for damages would
thereby become personal property and
would go to the administrator and not
to the heirs or devisee who owned the
property
ii. His intention as recoilected, in
using the name VIM. Brash, was to
make the claim broad enough to cover
the interest of all those who might
have claims, taking care at the same
time TO use the name of Susan Brash
for whom he supposed he was guard
ian. Thus he opened the door wide
enough for Mrs. Robson and the other
heirs Of VIM. Brash to come in but
he could not force them to enter. Yet
he says he had no right to make the
claim as administrator of VIM. Brash,
he owed no duty to Mrs. Robson to
make the claim, nor to the other heirs,
land as to Mrs. Robson and the other
heirs his action in making the claim
was purely gratuitous and perhaps
officious. He was not the properly APP
pointed guardian of Susan Brash and
had no right to make the claim in her
behalf, and could not have been held
blamabfe had he not made any claim at
all; but because this respondent did
make the claim and prosecuted it sue
cessfully to judgment so that all claim
ing an interest might benefit by it,
it is now contended that he should
be punished inasmuch as he did nos go
further and secure payment of the
claim, though anyone having an in
terest in the claim could have secured
payment If he had tried to do so.''
H. The fee of $52 charged by re-
spondent was 61-2 per cent. on the
amount of the award and was about
one-half of the fee charged by many
of the most reputable attorneys of this
city. 1t was not charged by him as
of the estate of VIM.
Brash but as guardian of Susan
Brash. The fee was not intend to
include services that might have be-
come necessary to collect the award.
10. After the award was made re-
spondent sent for the adverse claim
ants and tried to induce them to con-
sent to have the money collected and
deposited in such a way that all could
have their rights adjudicated, which
they refused to do but respondent had
not despaired of inducing them to
to his request up to the time
that he turned the matters over to
Judd.
H. OH MATCH 1Uy 1SVf, there Was
ample time for Judd to have enforced
payment of the award before the
money was returned to Washington,
but Judd did not attend properly to
MS duty as guardian of Susan Brash,
IN the contrary neglecting the collec-
ion of the claim, he being for long
line absent from the Territory of Ha-
vail in the Philippine Islands and the |
Orient, and if said claim has been lost |
t is due to the neglect of said Judd |
md this respondent is in no way ac-
therefor"
J5. After respondent had turned the |
affairs over to Judd, the latter re- |
1uested him to assist in securing a set
cement of the fire claim award, which |
respondent cheerfully consented to do |
md again found the opposing claim |
ants and sent them to the Office of |
Judd TO enable him to reach a COM
promise with them.
is. This is the conclusion in full: /
That this respondent should under /
AXE the collection of said award in |
,ase said Judd would pay him for his
service, which he refued to do, and /
his respondent did nothing further in |
the matter but was at all time ready |
Ind willing, and is still ready AMI will |
ng, to do anything in the way of favor |
IT accommodation to said Judd or to /
my other person who may undertake
he enforcement of said award