The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-07
MARCALL|NO HIT
BACK SHARPLY
Mag00n Denounees Report of
Master on BIaisdelI
Accounts.

j. Alfred Magoon carries the wa
into Africa" in exceptions he files. a.
trustee of the estate of j. L. Blais
dell. deceased, TO the report of Johr
MarcaIlino, master. on his final ac-
counts
He opens by saying that the report
is unfair in criticizing where there
should be no criticism. The report
fails utterly to give the trustee any
credit for his untiring efforts in pro-
tecting and guarding the property,
rights and interests of the three
Blaisdell minors during the twelve
years and over that he has had charge
of the trust estate" To this general
statement Magoon adds specific facts
of his stewardship as related below.
Marcallino is accused of bad faith
in making "innuendoes and damaging
statements, as well as false state
ments, with reference to the invest
ments." This he says was done with
out a proper investigation, without a
formal hearing, without the examina-
ton of witnesses, without giving the
trustee any opportunity with himself
of examining the property and, as the
trustee believes, without making any
careful inspection of the lands and
property.
The master has disregarded his duty
to the trustee, it is alleged, in failing
to refer to the difference in conditions
between this time and the dates on
which the Investments were taken,
and the great depreciation in real es-
tate. These changes In the situation
had been mentioned in masters re-
port on the trustees eighth annual
account.
p The master is declared to have
made absolutely inconsistent and
contradictory reports upon the same
state of facts in that the investments |
which he now condemns he reported |
tive examination Marcallinos re-
against his present words.
Similar unfairness is alleged with |
reference to the masters reports on /
the trustees acquiring of securities in !
his own name. Inexcusable ignorance
Of the master is charged in the same /
the trustee pointing to
former sanction of the court and say
ng that his course has been attend
ed with measure of success in this
particular case that in all probability
las not a parallel in the judiciary his
tory of the Hawaiian Islands, There
vas no need of any assignment of
mortgages. as the transfer of the
notes secured thereby was all that
vas necessary.
An evidence of bias and prejudice is
.ited in the masters advice that the
rustee should be compelled to take
yer the Kahulu mortgage, which be-
onged to the estate at the time the
rustee took charge of the estate,
AS to the Carly, Ladd and Crabbe
mortgages, it is pointed out that the
MASTER does not say they were not
mple security for the respective loans
t the time they were taken.
Regarding the Lightfoot loan the
Master, in his report of March 20,
aO7. approved the loan which he now
ondemns.
While criticizing the trustee for
securities from himself to
he trust, the master utterly fails to {
how that the trust suffered any loss :
r damage by reason of such trans
ers."
Without waving any of the other
Elections the trustee says that John s
;laisden and Matilda Blaisdell are I
holly barred by the ninth annual ac-
cunt, for they were of fun lawful age
hen it was approved and confirmed
v the court.
In conclusion Magoon says that the /
My matters that can now be con- +
idered are the investments taken }
lEce his ninth annual account and /
that, as to all prior investments, the /;
pproval of this trustees account is
es judicata in the absence of a clear ;
howing of fraud and imposition upon $
his court i
Reverting to the first exception, the r
are the facts alleged: \
During the twelve years of the trust 7
here had been collected and accounted +
or $37,02S.61 in interest on the prin- :
ipal fund. Income collected exceeds i
by $40. 1851. II
Out of this income of thirty-seyen /
thousand and odd dollars he expended =
Or the minors board, clothes and per- +
ohal expenses, ST, 1924; for their tu- $
ion, including music, s1101.41, and t
octor's bills, $500. a total of s1S,65S So. +
After paying all expenses of admin +
;tration, he added to the principal n
IL, 1912, making it at this time $685. +
II 80 as against s26.232.S0 turned over d
D him when he first took the trust. h
An allowance of $40 a month paid to d
ne children when he took the trust u
as increased until. since September, o
9O6 he has been paying them $3.50 a +
,onth. q
During his charge of the trust he Il
ad taken fifty-five mortgages aggra- "
ating $70424, all of which have been g
aid in full without one dollar lost to "
he estate. In addition he has taken D
venty mortgages aggregating $780,
'1.SS, now the property of the estate. a