The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-11-12
HANDLING
ESTATES
CHIEF JUSTICE HARTWELL AND
JUDGE DE BOLT WORKING UP A
NEW SYSTEM.

A method by which small estates
may be handled in the courts of the
Territory at a minimum of expense and |
without, in most cases, the need of the
usual fees for attorneys, administra,
tors and masters, is being work up
by Chief Justice Hartwel OF the Su-
preme Court and by Judge De Bolt. of
the Circuit Court. In the simpllfica-
ton of the present system to such a
degree that an attorney will not be
necessary except in the case of large
etsates it is believed that the proper
remedy for the present custom will
be found.
Under the existing condition in a
small estate, where the entire property
amounts to but few hundred dollars,
the fault is found that the fee 10 the
attorney who draws up the papers ask
Ing the court to appoint an admins
traitor the fees of this official fo!-
lowed by the fees of the master who
examines his accounts, eat up practi-
cally the entire estate, leaving little
for the widows or orphans. In his sug-
gestion for improvement in this re-
gard, Judge Hartwell believes that the
estate should come more under the
direct and personal care of the probate
Judge.
When death occurs in family, it
will be an easy matter for the heirs to
make out their own blanks in a sim
plified form, needed assistance being
given by the judge without charge, 1t
is seldom that some member of the
family or some close friend may not
be found who will handle the estate,
where it is small and it's affairs not In
volved. for nothing In this manner
a great saving would be effected and
one which is bound to be Of great
Importance to the family of the de-
ceased, who naturally need every cent
of the money which is left 10 them.
Judge Hartwell states that he is
totally against the plan OF passing a
law which will provide for a public
administrator. He has seen this
worked out in other places and has
found that almost without exception
| il causes more expense and dithculty
! in the settling of estates. In Call-
| MIA. for instance, it has been seen lllle
| and time again, where a death oc-
| CURED and the will could not be pro-
duced at once, the public admlhlsIra-
tor would step in and the result would
4 he the tving up of the estate III a
long law suit for some time.
The matter of payment of public
| administrator is also one which is
bound to cause trouble. If paid by
| the fee system, as is the case in some
| states. a man in this position natural
ly wants to make as much money as
possible for himself, and the expenses
amount up to such a degree that the
i present system would probably be the
better. In case that salary is PAID
the official generally fails to take the
interest in closing up the estate quick
w and cheaply which would naturally
be taken by a member of the family
Judge Hartwells plan, so far as II
has been matured at present is to have
the probate judge act as a counselor
for the heirs wherever necessary. II
there are legal forms TO be made out
which they 40 not understand, it shall
be part of the duty of the judge tc
see that these are made out properly
and without the unnecessary expense
of paying an attorney a fee for this
work.
That the lawyers of this city, par
ticularly those who are not at the tor
,of the heap, will be against any such
practice as is suggested, is certain
Many Of them will look upon the plar
as one which will deprive them of re-
venue which they regard as being one
of their perquisites. In fact certain
attorneys of this city live practically
S99S47SSSS>SSSS SA11
ent board they made mp six of the
eight members of the municipal gov
/, eminent for the biennial term be-
ginning at ~ noon the first Monday
after January /, 1909.
The board adjourned until noon OF
Wednesday next.