The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-07-24

unnecessary 1eeS Is expressly dlS-
approved.
Executors and administrators-sal of
real estate.
An order for the sale of real estate
to pay debts is properly vacated,
| before confirmation of the sale,
when it appears that it was made
before the time for filing claims
/ had expired, with no showing that
the personally had proved insult,
fcient, upon insufficient jurisdic-
tional allegations, and with no no.
tice to the heirs.
OPINION OF THE COURT BY
BALLOU, J.
David Kamaipiialii having died in
testate his widow petitioned for letters
of administration to be granted to
E. K. Simmons, alleging that the es-
tate of deceased consisted of real es-
tate at WeIoka valued at $500. The
heirs of the deceased named in the
petition were the widow, two children
aged four years, and one aged nine
months. Administration was granted
accordingly, but the administrator
named failed to furnish bonds and sub
sequently Joseph S. Ferry, the attorney
for the widow on the original petition,
moved in his own behalf to vacate the
order and appoint G.. n. Kaonohiula,
a brother of the deceased, the widow
having died in the mean time. Kao.
nohiula, having obtained letters of adj
minstration, filed an inventory show
ing real estate valued at $500 and sub
sequently a supplementary inventory
showing personal estate consisting of
one bay mare, old furniture, etc.,
valued at $3.50. The appraiser APP.
pointed by the probate judge verified
the valuation of the personal property
and appraised the real estate at $1675.
| Thereafter the administrator petit
toned for leave to sell real estate for
the purpose of paying the debts out
standing against the deceased amount
ing to 1876, the "debts, expenses and
charges of the administration already
| accrued amounting to $102.50, and
the. 'debts, expenses and charges of
administration that will or may ac-
crue' estimated at 1925, total of
$263. 80. 1t will be noted that the
amount of personal estate was more
than sufficient to pay the debts of the
deceased which had been allowed at
that time and that the only reason for
selling the real estate was for paying
the expenses of administration
An order was issued empowering the
administration to sell two parcels of
the real estate for the purpose of
aging the debts, claims and charges
against said estate Both parcels
were accordingly sold, one for $3.50
and the other for $3.50, although the
proceeds of either would have been suf-
fcient to satisfy the claims upon which
the order was based. \ return of sale
and petition for confirmation having
been filed one of the purchasers moved
for leave to appear III opposition to
confirmation apparently on the ground,
as shown in subsequent atfidavits, that
he had been misinformed as to the rent
due upon the parcel, it having been
actually paid for some time in advance.
His motion was apparently denied.
HIS attorney, Carl 5. Smith, was APP
pointed by the probate judge first as
amicus curiae and afterwards as guar
dian ad item of the minors. In the
latter capacity he protested against the
confirmation of the sale on the grounds
that the minors had not been repre-
scented in any of the proceedings; that
the petition for sale did not set forth
sufficient facts, and that insufficient
evidence was offered in support of it
that the order did not set forth a prop
er description of the real estate nor the
particulars of sale, nor did it provide
that the administrator should sell only
sufficient real estate to pay the debts
of the deceased; that the notices given
by the administrator were insufficient
in description of the property; that
the prices obtained for the land were
less than the real value, and that the
administrator acted improvidently and
unlawfully in selling both pieces when
either was sufficient to pay all debts, !
and that one of the purchasers had
been misled by the attorney for the ad.
ministrator in regard to the rent to ac.
crue on his parcel. The administrator
replied, and introduced oral evidence
to the effect that beside the doctor 8
bill of $50 named in the petition for
sale a bill for 81 had subsequently
been presented and allowed by the ad-
ministrator, bringing the total debts
above the appraised value of the per-
sonalty. The probate judge denied the
petition for confirmation of sale and
vacated the order of sale on the ground
that the minor heirs of the deceased
were not served with notice of the
petition and were not represented nor