The Hawaiian gazette., 1907-12-31

ing between Albert r. JuQus gudruidH
of Susan Brash, and ]. Alfred Magoon,
administrator of the estate of William
Brash. As reported in the Advertiser
some days ago, an oral combat took
place before Judge De Bolt in the mat
ter. Mr.. Judd being represented by E.
NJ. Watson and c. F.. Clemens and Mr..
Magoon appearing in person, the war
of words being ended by continuation
of the hearing for more regular pro-
fceedings.
On Saturday last Albert F. Judd,
with Thompson & Clemens counter
signing the paper as his attorneys.
filed an objection to the discharge Of
Magoon as administrator of the estate
of William Brash, deceased. This docu-
ment was supported by reference to
the records and an affidavit by Judd.
The substance of the affidavit is as
follows:
Judd is the duly appointed guardian
of Susan Brash, lately deceased,
daughter of decedent, William Brash.
and legatee under his will, and benef-
ciaIly interested in his estate and par
| ticularly in a certain fire claim and
award.
Magoon on Oct. Z, 1907, fled a mo-
ton for discharge as administrator of
William Brash, but affiant is informed
he filed no final accounts and no other
accounts since Sept. 10, 1902.
Contradicting a statement by Ma
COON that he never received nor paid
out any money of the estate of Will
: 1,-,, 4, hot Ia
as said administrator prove a claim
of the estate, before the Fire Claims
Commission, for damages incurred by
destruction of property of the estate
! by the Board of Health, and on said
claim the estate was awarded, in the
year 1902, the sum of $500 subject to
certain deductions of a small amount
1t is represented by affiant to have
been the administrators duty to col
| lect the said award, but he had taken
no steps to that end although request
ed by affiant, as guardian of Susan
Brash, in December of 1904 and Deem
Der of 1906. In this connection lit is
stated that Magoon had received at
I'least one fee of $50 for attending to
said fire claims collection He is
charged with negligence both for not
collecting the money and for erroneous
ly making proof of the claim lin the
name of the estate of J. Brasil"
Magoon is also declared to have
managed and controlled the estate of
Susan, as her guardian, while stin act
ing as administrator of William
Brash. from June 6, 1902, to some time
in, ~ n In
account as such guardian, though he
had given to affiant statement of ac-
count without vouchers covering the
period from Nov. l, 1902, to Feb. q,
1904.
Shortly after Judd's appointment as
guardian of Susan and about March
10, 1904, Magoon turned over to him
certain property as belonging to Susan
Brash. This included certain mort
cages. among others one of the Ha-
vail Land Co., Ltd, for $4,000 with |
interest at 9 per cent. per annum, the
instrument being dated March 20. 1900. |
and having a term of two years there |
from. At that time the mortgage was |
mott made to Susan Brash on her es-
tate, but to ]. Alfred Magoon in his |
own person, he then and there in
sisting that said mortgage belonged to |
said estate of Susan Brash although |
taken in his own name"
Judd is informed and believes that |
the administrator in his account filed |
Sept. 10, 1902, respecting said Susan |
Brash's estate, and in his inventory |
and capital account therein, made no
mention of said mortgage although it |
purported to have been executed more
than two years before" Finally it is
declared:
''That said mortgage was and is not |
altogether satisfactory security for the |
amount of the debt, not only because
of the situation of the land and it's
want of marketable quality, but be- |
cause of the moral risk and insolvency |
of the mortgagor and there being no
probable value of deficiency judg-
ment on foreclosure, and affiant is in
formed and believes that said J. Al |
fred Magoon was derelict in his duty |
as such administrator in turning over
to said account of Susan Brash the
mortgage aforesaid"
REPLIES BY MACON.
J. Alfred Magoon on Saturday filed |
two papers in the matter. One is en-
titled, Exceptions to Objections of AL |
bert F. Judd to Discharge of Admins |
traitor" and the other, ANSWER OF J. |
Alfred Magoon to Motions for Him to |
Account as Administrator
The exceptions are:
First, that Judd lis not the guardian |
of the person and property of Susan |
Brash, for that the person referred to |
as Susan Brash is dead and no, one |
can be guardian of the dead unless
forsooth he be the caretaker of a ceme-
terry.
Second, that Judd has no interest in
the estate of Susan Brssh, for at her
death her estate went to her admins
traitor or her heirs.
Third, that F. E. Thompson of
Thompson & Clemens, attorneys for
Judd, is precluded from appearing
against this respondent in that the
motion attacks proceeding in which
Thompson was attorney for this re-
spondent. Thompson was his attorney
in making the claim in which the name
~. Brash" was enormously used. 1t
is admitted by respondent that he
should have carefully read over the
a. ..1o