The Hawaiian gazette., 1907-12-20
AN ACCOUNTING
IS DEMANDED
CFrom Thursday,s Advertiser.l

more than an hour in Judge De Bolt:
court at chambers yesterday afternoon
The estate in question was that OF
William Brash, many years deceased
Decedent left considerable property In
Honolulu TO MS daughter, Susar
Brash, for her life and after that &c
another daughter, Mrs, Robinson, who
lately succeeded TO the inheritance
through the death OF Susan.
For many years, up to compara-
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 SUI
san Brash's guardian at her death
within year past. II would appear
as II the winding up OF Susan's estate
had good deal to do with the pro-
ceedings yesterday. Although the es-
tate OF William Brash had supposedly
been wound up about score OF years
ago, ]. Alfred Magoon within a few
weeks past filed n 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 f. 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 failing to reach q judi
eially formal stage.
Mr.. Watson, being asked by the
court what was doing in the Brash
estate matter. made an opening state
ment. Referring 10 Mr.. Magoon's APP
plication for discharge he said II 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 a
claim as that of the estate of u.
Brash" instead of "William Brash" as
1t 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. 1t 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 a life interest in Susan Brash
and the remainder to her sister, Mrs.
Robinson.
Mr.. Watson understood Mr.. Magoon
turned over the certificate of award
to Mr. Judd in 1904. when it was two
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
lected that money Mr.. Judd was
never administrator of the estate of
William Brash.
eve are out $500 and have a right
to look to Mr.. Magoon for it," Mr..
Watson concluded.
MACON REPLIES.
Mr. Magoon said the award to 81.
Brash" was merely a 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 William
Brash" could not have been substit-
uted for 81 Brash" 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. 1t speaks for
ITSELF He read from the document
the subrogation clause, also the date
of Agril 2s, 1902, to the document.
Where did you get that?" Mr.. Ma
COON asked.
Il got it from you," Mr.. Judd inter-
vened.
Il never made any claim as admin
istrator of ]. Brasil" Mr.. Magoon pro-
ceeded.
Here is your claim" Mr.. Watson
interjected. f1ourishing another docu-
ment in rebuttal. ''It is made out for
the estate of ]. Brash and signed by
]. Alfred Magoon as administrator of
William Brasil
REPUDIATES HIS ACTION.
well" Mr.. Magoon went ahead on
another tack, Il had no right to make
a claim as administrator. 1 did not
press it as administrator of William
Brasil
Mr.. Watson interrupted with a refer
ence to the signature to the claim.
Yes" Mr.. Magoon corrected him
self, 'it 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 suprogatory claim
ant.
1T is only claim for $685." Mr.. Wat
son observed.
81 turned the whole matter over to
Mr.. judd" Mr.. Magoon said.
Would not he 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 a judicial channel.
WANTS SWORN EVIDENCE.
Mr.. Watson asked that Mr. Magoon
be sworn, as he intended to call Mr.. |
Judd to the stand.
Judge De Bolt wanted to know Just |
what the nature of the proceedings |
was.
Mr.. Watson said that the issue was |
taken on Magoon's affidavit in which |