The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-19
BAD ACCOUNTING
Of AN ESTATE
J. A. MagO0n Makes Improper
Charges-S0me Notable
Divorce Cases.

: Judge Lindsay on Saturday rendere,
a decision on the report of j. Marcal
: limo. master, and exceptions thereto il
: the matter of the estate of Anton,
Rodrigues, deceased. J. A. Magoon'.
) second account as trustee showed Z
balance of s345.7S due the estate. The
master points out an overcharge OF
$9144 commissions, which the court
surcharges, making the balance S437. %
4 Prior TO the date of Magoon's APP
pointment as trustee" the court saws,
"Antone Rosa had been trustee. Rosa
had deceased and Magoon, after con-
siderable litigation. collected from
Rosa's sureties the sum of $780, The
cost for attorneys fees and other ex-
penses in collecting this sum from
Rosa's sureties amounted to 1925,
which the trustee has charged entirely
to the principal of the estate. This is
erroneous. The expenses of collecting
this sum should be borne proportion
ately by income and principal"
| Details are gone into, the court find
ing that the proportion chargeable to
principal is S94.20 and to income $3.50 so,
which would result in the balance due
to the principal being $166.74 and to the
income $40S.26 and the trustee is or
dered to set aside these amounts to
the accounts indicated.
The sum of 1856 from sales of cattle
and the sum of $500 from sale of
lumber are to be credited to principal
account The sum of $373.05 expended
for renovating the dwelling house
should be charged to principal. In con-
clusion Judge Lindsay says:
"All the other items in trustees ac-
counts which he contends are charge
able to principal are disallowed. They
are properly chargeable to income"
CONTEMPT IN DIVORCE.
Judge Lindsay has cited Uaia Napo-
leon to appear at O'Clock Monday and
show cause why he should not be
punished for contempt for failure to
pay Elizabeth Napoleon, according to
decree in divorce. FIVE dollars a week
permanent alimony and J. Lightfoot
an attorneys fee of $50.
NEW DIVORCE SUITS.
Otto A. Berndt has brought d. /
vorce suit against Florence K. Berndt. |
Lucy Kamaka is suing S. P. Kamaka
for divorce
APPEAL IN BIG SUIT.
Castle & Wilmington, on behalf of
Mary Tenney Castle Hitchcock, Har- /
riet Castle Coleman, Caroline Castle
Westervelt and Helen Kingsbury Mead, !
defendants in the original suit of Will |
liam ]. Lowrie for $500, 900 damages
against Henry P. Baldwin and others, +
have filed a bill of exceptions to Judge
Robinson's several rulings as to these .
defendants, denying their motions for
dismissal. taxation of costs, etc.
RELUCTANT JUDGMENT.
Judge Lindsay gave judgment in
favor of Harry t. Mills against S. II.
Kameakapu for 1928 and costs, on
appeal from District Ma
gistrate Andrade.
The court did not believe the evir
ience for plaintiff could be true, yet
there being no evidence in contradic-
-ion or for the defense at all. there
vas no option but to give judgment as
stated. 1t was a claim bought by Mills
md, according to his evidence, for the
same amount as that sued for, which
seemed incredible to the court as pro-
essional bill collecting business.
J. L. Kaulukou, who appeared for
made a plain charge OF ]
,erjury in his argument.
ANOTHER HOLT CASE.
f-,.4or- ,,,,so. I,
viii of Robert William Holt. has APP :
called from the judgment of s. Hoo
ano, district magistrate of Eva, sus-
aiming the demurrers to his complaint I
gafnst George H. Holt and others. 1t '
suit to forfeit a lease on account
f non-payment of taxes. interest, pen
lilies, etc, in respect of assessments
Or the years 1905. 1906 and 1907, &c
respectively to s259.53, S
1850 and S451, total of $1206.09.
The appeal is to the Supreme Court. :
Judge Hookano sustained the aseveral
emurrers and dismissed the action on
lie ground that the assessments re- il
ted in the complaint were not legal T
nd valid.
The Holt estate in this case has been :
politically furnishing litigation for t
JOuN lOt ~ Yeas 4 II
PROBATE MATTERS. p
w. o. smiths final account as guard g
n of Lucy <. Richardson was ap- ii
roved and the guardian discharged .
' Judge Robinson. The wards final
ceipt is filed for $685. Il cash, note lo
Id mortgage for $1,000 at per cent. g
Id a Hilo Railroad Co. bond for $500. Il
Judge Lindsay appointed Chang !,
han administrators of the estate of :
hang See, deceased, under bond of
90 a
COURT ITEMS. "
Notice of Supreme Court decision 3
Id order for new trial in the suit :.
c. s. Holloway on Edward Vivian "
bond has been flied. al
Defendant has appealed from Dis Il
let Magistrate Andrade's judgment hi
the replevin suit of Mary K. Amy :,
H. Culman. which was in favor of =
aintiff for restitution of certain koa 10
rniture, valued at 800, and costs. ca
David Watson has received a renew N
of his license to practise law in the
wer courts. Judge Robinson made
e order