The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-01
J. {. FULLERTON
On The GR|DIRON
As Guardian of Roberts Minors
He Makes a Wild
Investment.

James E. Fullerton has invested
$4,000 belonging to the Roberts minors,
of whom he is guardian, III a worthless
mortgage, according to d masters re-
port filed in Judge Lindsay's court by
John Marcallino
Schedules attached to the report show
that the estate was worth s3070.72 on
January 1, 1906, and $3326.72 ON Janu-
ary 4. 1904, the increase of 1855 being
interest paid by j. P. and I. Mendoza,
mortgagors This interest was paid on
| october II, 1906, according to the ac-
counts. On April 80, 1906, the Supreme
Court decided that the Mendiolas had
no title whatever in most of the prop
erty mortgaged to the guardian for the
$4,000 mentioned. This was the case of
Kahula and others v. Kanewanui and
others, in which J. p and /. Mendoza
| were parties plaintiff.
| Mr.. Marcallino calls attention to the
fact that the Mendoza mortgage was
a fourth one, giving list of four other
| mortgages-one of even date with the
one in question-amounting to $3.50 on
the same property. C. w. Ashford, it
is said but not in the report, holds
| mortgage of $1,000 from the rightful
owners on the property.
There are five separate descriptions
of property in the Mendoza mortgage,
one being subdivided into five kulea-
mas, but in only the first description
have the Mendiolas any color of title
and that description is so vague that
no foreclosure proceedings could be
based upon it. This is how it reads:
81. All real property lying and be-
ing at North Kona, on the Island of
Hawaii, in said Territory of Hawaii, in
which said mortgagors, or either of
them, may have any right, title, inter-
est or estate whatever
According to the accounts which the |
master finds correct with certain ex-
ceptions noted, the estate owes the |
guardian $348.7O. The minors with their |
ages, over whom Judge Gear appointed |
Mr.. Fullerton as guardian on June 6, I
1903, were Mabel aged 9, Edith aged 6,
Helen aged 31-2 and Elsie aged 20 /
months, children of the late Harry
Roberts, who at death was chief loco
motive engineer of the Oahu Railway
& Land Co. 1t is mentioned in the
masters report that in 1906 the guard
i
Francisco for the support of Helen
Roberts, the guardian informing the
master that he had heard that Helen
was dead" Mabel Roberts died about
November 5, 1906, the guardian informs
the master.
There is criticism in the report re-
garding the way the guardian has car
ried out an order by Judge Gear to ex-
pend not to exceed 5000 a year of the
principal, besides their shares of the
Income, for the support of the three
minors other than Helen, the payments
to be made to the mother.
A strange revelation of the master
Is that the first and second annual ac-
counts and vouchers of the guardian
are missing from the files Of the court.
The only paper that can be found re-
ferring to these accounts is an extract
Of the last account furnished to the
guardian and signed Sims -
On the subject of the mortgage the .
master, after relating the fact of the
Supreme Courts decision already men,
Toned, has this to say:
1.-The guardian took up this mortgage
IN the 18th day of October, 1905. This
case of Kahula ct al. v. Kanewanui ct
IL. had been pending in the courts since
.903. 1t was the guardians business,
before he made this investment of $4,000
% find out if the grantors had a clear
title to the property. The guardian has
the master that he acted up
m the advice of his attorney in invest
ng in this property. The guardian,
moving that there was litigation
in which this property was
should hot have invested in .
he same. It is easy enough to get
irst mortgage securities or reliable
,onds.''
/. Bellina as surety. Z
81
The Supreme Court will render its