The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-01-14

The foregoing receipt signalizes the
final settlement of the Blaisdell estate
matter. 1t forms one of the grounds
of a decree by Judge De Bolt, of the
same date, relieving Mr. Magoon and
his bondsmen of all further response
bility. For several days it had been
an open secret that Mr.. Magoon was
preparing to assume, on his own per-
sonal account, all of the investments
on behalf of the estate which had been
denounced by Mr.. Marcallino as mas
ter. This, it was shown to the salts
faction of the court, he had done.
THE AGREEMENT
Besides turning over to the bene-
ficiaries more than $4,000 cash on hand,
Magoon pays $3.50 in accrued interest
and gives his note to the estate for
$50, 900, secured by conveyances to the
Trent Trust Co. of the lands under
the disputed mortgages. also by as
signments of the mortgages and, as
collateral security in addition, deed
for his half interest in Pauoa land. 1t
is stipulated. moreover, that Richard
Trent and w. A. Kinney have the
right at any time to call on Magoon
for additional security.
The agreement IS not part of the
court records. 1t was. sufficient for the
court to be apprised of the withdrawal
of the trustees exceptions to the
masters report and of the fact Of
an amicable settlement having been
reached. Not least satisfied of all who
have had to dSswith the matter ought
TO be John Marcallino, master in chan
cery. whose recommendations have
been justified by the trustees thorough
compliance Herewith after a briefly
temporary resistance thereto in court,
and this justification emphasized by
the approval of the masters action by
Magoor'S counsel in open court.
THE DECREE.
The final decree recites that on jan
uary 10, 1908, there came on regularly
to be heard the matter of the final
accounts of John Alfred Magoon, truss
tee of the estate of ]. L. Blaisdell,
deceased, A S. Humphreys appearing
as attorney for the trustee, and Kim
ney & Marx as attorneys for John
Blaisdell. Matilda r. Blaisdel and
Jane A. Blaisdell, and it appearing to
the satisfaction of the court that it
is unnecessary to make any order with
reference to the report of the master
to whom the said accounts were by
the court referred, and the exceptions
filed by the said John Alfred MagoOn
as trustee. aforesaid, to the said re-
port, and all parties now here in open
court to this decree expressly consents
ing, it is ordered, adjudged and de-
creed" as follows:
That the final accounts of Magoon be
in all and every respect fully ratified,
approved and confirmed, and MagOon
having filed a receipt to the three ben
eficiaries for all moneys, securities and
properties belonging to the estate, he
is absolved from ali liability as trus-
tee and the sureties on his bond are
discharged.
1t is further ordered that John, Ma
tilda and Jane Blaisdell pay costs of
the court in this proceeding, also pay
to John MarcallinO masters fee Of
$3.50 and to A. s. Humphreys an at
torney's fee of $3.50.
COURT PROCEEDINGS.
When the Circuit Court convened at
two O'Clock yesterday afternoon, Judge
De Bolt called up the matter of the !
final accounts of J. A. Magoon, rs
trustee of the Blaisdell estate Judge
A. S. Humphreys appeared for Mr..
Magoon, and w. A Kinney appeared
for the Blaisdell interests
Addressing the court, Judge Hum
phreys said:
Il now hand to your Honor a decree
to be signed by your Honor, with the
consent of all parties, and at the same |
time l hand to the clerk, to be filed
with the records in this case, a re-
ceipt to Mr.. Magoon, from all OF the
beneficiaries of the Blaisdell estate,
for all of the securities. money and /
property in Mr.. Magoon's hands as