The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-19
AN ACCOUNTING
IS DEMANDED
For Brash Estate Fire Claim
Award in False Name
to Mage0n.

battle, in a trust estate matter, ToI
more than an hour in Judge De Bolts
court at chambers yesterday afternoon
The estate in question was that OF
William Brash, many years deceased
IDecedent left considerable property in
Honolulu TO MS daughter, Susan
Brash, for her life and after that to
another daughter, Mrs. Robinson, who
! lately succeeded to the inheritance
/ through the death Of Susan.
| For many years, up to a compare
lively short period before Susan's
death, Mr.. Magoon was her guardian,
she being of weak mind. A. F. Judd
succeeded him in this office, being su-
san Brash's guardian at her death
within a year past. 1t would appear
as if the winding up of Susan's estate
had a good deal to do with the pro-
ceedings yesterday, Although the es-
tate of William Brash had supposedly
been wound up about a score of years
ago, J. Alfred Magoon within a few
weeks past filed a paper in court en-
titled as an application for his dis
charge as administrator of the estate.
Mr.. Judd appeared in court to oppose
Mr.. Magoon's discharge, being repre-
scented by E. NJ. Watson and Thomp-
son & Clemens. An affidavit had been
prepared on behalf of the opposition
but it was not filed, the proceedings
yesterday being only "desultory" as
was stated and falling to reach a judi
cially formal stage. i
Mr.. Watson, being asked by the
court what was doing in the Brash
estate matter, made an opening state
ment. Referring to Mr.. Magoon's APP
plication for discharge he said it was
opposed because the administrator had
received money and property belonging
to the estate for which he had never
accounted.
As a specific instance. Mr.. Magoon
acted as attorney for the estate in the
Court of Fire Claims and presented
claim as that of the estate OF 81.
Brash" instead of william Brash'' as
it should have been. An award OF
eight hundred dollars on this claim
was made in 1902. which was subrogat-
ed to a Chinese tenant for a small
amount Mr.. Magoon had never col
lected the amount of the award and
the balance of money for payment of
fire claims had now gone to Washing
ton. Tt would be almost impossible to
get the money now, owing to official
red tape and the fact that the award
was made to a wrong name. There
had been life interest in Susan Brash
and the remainder to her sister, Mrs.
Robinson.
Mr.. Watson understood Mr.. Magoon
turned over the certificate of award
IN, wi
years old. Mr. Magoon charged his
fee of s54 and collected it out of the
estate AS administrator of the es-
tate of William Brash, counsel con-
tended, Mr.. Magoon should have col
leeted that money. Mr.. Judd was
never administrator of the estate of
William Brash.
1--WE are out $500 and have right
to look to Mr.. Magoon for it." Mr..
Watson concluded.
MACON REPLIES.
Mr.. Magoon said the award to 81.
Brash' was merely clerical error.
Every lawyer knew that any court
would correct an error of that kind.
There was absolutely no merit in the
contention To say that civilian
Brash" could not have been substit-
uted for 81. Brasil was arrant nom
sense. There never was any award
to the estate of J. Brash subject to the
claim of a sub-lessee.
Mr. Watson for answer flashed the
award before Mr.. Magoon's eyes. say
ing: Put in the award. Tt speaks for
Itself" He read from the document
the subrogation clause. also the date
of Agril %, 1902, to the document.
f'where did you get that?' Mr.. Ma
COON asked. j
Il got it from you," Mr.. Judd inter-
Yeheq, xss
II never made any claim as admin
fstrator of J. Brash,' Mr.. Magoon pro-
eeeded,
"Here is your claim" Mr.. Watson
interteeted, hourishing another docu-
ment In rebuttal ''It is made out for
the estate of ]. Brash and signed by
7. Alfred Magoon as administrator of
William Brasil
REPUDIATEs HIS ACTION.
"well." Mr.. Magoon went ahead on
another tack, ST had no right to make
claim as administrator. / did not
press it as administrator of William
Brash-"
MI. watson interrupted with a iTASA
ence to the signature to the claim.
YES" Mr.. Magoon corrected him.
self, lit is signed William Brash. 1
did not have any right could not
get this man TO come in at ALL" Ref
| erence was TO the suhrogatory claim
ant.
1T is only claim for $780, Mr.. Wat
| son observed.
| 81 turned the whole matter over to
Mr.. Judd Mr.. Magoon said.
| Would not ne consent to accept the
money! Judge De Bolt inquired.
Il don't admit he had any claim, -
was the reply. Whether this referred
| to Mr.. Judd or the sub-claimant was
not explained, as counsel for Mr.. Judd
here endeavored to bring the proceed
ings into judicial channel.
WANTS SWORN EVIDENCE.
Mr.. Watson asked that Mr.. Magoon
be sworn, as he intended to call Mr..
Judd 10 the stand.
Judge De Bolt wanted to know just
what the nature of the proceedings
| was.