The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-01-07
MARCALL|N0 HIT
BACK SHARPLY

into Africa" in exceptions he files, as
trustee of the estate of j. L. Blais-
dell, deceased, to the report of John
Marcallino. master, on his final &C.
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
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
favorably upon after full and exhaus-
tive examination Marcallino's re-
port of March 20, 1907, is quoted
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
ing that his course has been attend
ed with a measure of success in this
particular case that in all probability
has not a parallel in the judiciary his
tory of the Hawaiian Islands" There
was no need of any assignment OF
as the transfer of the
notes secured thereby was all that
was necessary
An evidence of bias and prejudice is
cited in the masters advice that the
trustee should be compelled to take
over the Kahulu mortgage. which be-
longed to the estate at the time the
trustee took charge of the estate.
AS to the Carly, Ladd and Crabbe
it is pointed out that the
master does not say they were not
ample security for the respective loans
at the time they were taken.
Regarding the Lightfoot loan the
master, in his report of March 20,
1907, approved the loan which he now
condemns.
While criticizing the trustee for
securities from himself to
the trust, the master utterly fails to
show that the trust suffered any loss
or damage by reason of such trans
fers'
Without waving any of the other
objections the trustee says that John
Blaisdell and Matilda Blaisdell are
wholly barred by the ninth annual ac-
count, for they were of full lawful age
when it was approved and confirmed
by the court.
In conclusion Magoon says that the
only matters that can now be con-
sidered are the investments taken
since his ninth annual account and
that, as to all prior investments, the
of this trustees account is
res judicata in the absence of clear
showing of fraud and imposition upon
this court"
are the facts alleged:
During the twelve years of the trust
there had been collected and accounted
for s37O2S.61 in interest on the prin-
cipal fund. Income collected exceeds
principal by s1O,795.s1.
Out of this income of thirty-seven
thousand and odd dollars he expended
for the minors board. clothes and per-
sonal expenses, ST, 143.24; for their tu-
ition, including music, s1101.H, and
Doctors bills. 5000 a total of s1S.653 s..
After paying all expenses of admin
Istration, he added to the principal
s12, 1912, making it at this time $685.,
BAL. 92 as against s26. 232.S0 turned over
to him when he first took the trust.
An allowance of $40 a month paid to
the children when he took the trust
was INCREASED until, since September,
1906 he has been paying them s13O a
month.
During his charge of the trust he
had taken fifty-five mortgages aggre-
eating s70,424, all of which have been
paid in full without one dollar lost to |
the estate In addition he has taken
twenty mortgages aggregating $32,-
1913, now the property of the estate |
Out of the seventy-five mortgages |
noted only two had been foreclosed by |
public sale.