The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-01-17
SUPREME COURT RULES
in MAUI ESTATE CASE
A DECISION INVOLVING a LARGE ESTATE oN THE rsl'ED co.
MAUI HANDED DOWN THIS MORNING m APPELLATE Co-u
MAUI COURT s REVERSED AND MANAGEMENT OF rua
ESTATE CRITICIZED

istrat0rs the sum OF 500 fHr IIa ..r-
vices and masters Gee ol sl5. aud ore
dersf that Morris * KeUTuNau.o Doe
paid "a reasonable amount for hIa aor-
vices as accountant and tha fHo tenn
pOrGy administrators be- dia Hareot
after paying these amounts and doIy-
oriu- over alI Of the property t0 the
executors and trustees. On The same
day the viii was admitted t0 probate
and the same three persons namely.
a Euos. j. v. Maciel and T. b Lyons
were appointed executors o. the will
and trustees hereunder. each under
bond % $4,000 The will named Rosa
Euos. A. Enos and j. V. Maaiel cXggu-
t-iy aud executors and trustees. "A
ter providing for certain leeaciDs and
deyisCs the will devised and hequeaJI-
cd AL the rest Of the property TO the
persons named as trustees upon trust
10 pay qua terry the net income there
Of to Rosa EnOs or ito permit her to
have the use and management of any
portion Of the same, and after ner
the son ana the other half TO the
daughter subject TO various provisions
and contingencies The trustees We're
given power to manage the property,
lease real estate upon certain terms,
invest and reinvest money and pur-
chase real estate. Provision was made
for the appointment OF a new trustee
and also In case one Of them should
refuse to act. In the inventory filed
by EnOs and Lyons, two of the eXecu-
tors 50 calleu, there appeared two pro-
missOry notes Of Lyons. both overdue,
amounting to $3.50. Rosa Enos retus-
cd to be appointed executriX and de-
cined to act as trustee.
On September 3, 1901 T. B. Lyons,
describing himself as one of the exc
cutors and trustees under the will, Ill
ed a partial report and accounts up to
July 81, 1907, charging himself with
S22,9C2 81, and asking to be allow
, ed S21 31G.09, leaving a balance on
nand of $1C4G AS. He also filed ac-
counts of transactions between him.
self and Rosa Enos and further report
ed the affairs of the estate to be 'ir
a hourishing and satisfactory condi
ton" Enos and Maciel, the two exc
cutors, and Rosa Enos, all being rep
resented by Mr. Vivas, filed certain Cd
jections to the accounts. The circui
Judge then appointed Mr.. Hart, the
clerk Of the court, as master and re
ferred the report and accounts to hin
for examination. On September II
, 1907, the master filed his report rec
ommending that the accounts be APP
proved with certain notifications anC
surcharges but finding a balance OF
hand OF S1527.95. The circuit judge dis
regarded most OF the recommendation!
made by the master, found that thu
balance on hand was only $142795
and approved the accounts. He fur
Their ordered that the two Directing eX
J. ecutors file their accounts on or be
e fore November l, 1907, that they be al
n lowed access to the books kept by Ly
e ons, and allowed the master fee Q
Al $3.50 for his services. The master an
IS the circuit Judge found that Lyon
Z, should have charged several hundre
IS dollars more in commission, whic
were allowed him. EnOs and Macie
N the two executors, appealed from tn
&c order of the circuit judge to this cour
~ The matter was originally suDmitte
io on briefs. Only copies of certain POI
10 lions OF the record were sent up, tn
- vouchers, the will and the proceeding
~ in connection Herewith and all ma
tiers concerning the temporary admir-
istratorship not being certified up. 4
y the request of the court, and with Ii
~ consent OF both the appellants and II
~ appellee, all the original papers an
. vouchers were forwarded for examil
~ alton. The court then requested or
20 argument and further argument as
10 whether Lyons should be surchargt
a. with certain amounts to which no o.
10 lection had been made before the CT
cult Judge.
a. The first question to be determine
nj is the claim of the appellee T. B. l.
ad ons that the appeal should be dismis
N ed on the ground that the order a
d. pealed from was not final and that Il
Ir appellants, the two executors, had
ar right to appeal in any event. On q
so latter point we have no doubt that
nd executors have a right to appeal fro
nv an order approving the accounts
zee their coadministrator or coexecut'
q. and that ground Is oyerruled witho
nv further comment
lc- The other ground is that, as the
as counts were only partial or annual a
be not final, an order approving same
ig- interlocutory only and cannot be
ort pealed from without special leave
as the circuit judge, as provided In S
49, 1859 II. l.. The practice in this II
es, rltory in probate matters is to requ
aid periodical accounts from an eXecu
ted or an administrator II the administ
cir ton Is not completed within abe
cir eight months, which ordinarily sho