The Hawaiian gazette., 1908-09-01
SMALL ESTATES
M|sMANAGED

The big estates are not the only ones
that seem to be looted. Judge De Bolt
has Just entered DEGREES in the pro-
ceedings in two estates which were too
small to be looted to any great extent,
but which yet seem to have been large
enough to be neglected by the guard
ians, to the waste and loss of the wards
estate, and to call from Judge De Bolt
severe criticism for the guardians ac-
tions and in one case for the removal
of the guardian.
One of these cases was the matter
of the guardianship of Leon Sterling,
a minor. His guardian was Kanoho-
kula Enos, woman. The petition for
her removal and for an inquiry into the
conduct of the guardian was filed by
Sam Kapoi Kapuahelani, his uncle. In
his decision in this case Judge De Bolt
said: "The facts in this case warrant
that the minor shall continue as hereto
fore, with this modification that during
the vacation from the time school ad-
iourns in June until it reconvenes in
September that he be allowed to make
his home with his uncle, the petitioner
herein. The fact that the boy has
heretofore seen fit to live with his uncle
is gratifying. With regard to the taxes
in 1904, 1905 and 1906 and with regard
to all the items in the account, the
guardian has woefully mismanaged the
estate. 1t is therefore ordered
that the interest and penalties and all
the costs by way of advertisement and
so forth, in fact everything in addition
to the principal of the taxes for 1904,
1905, and 1906, be surcharged to the
guardian. The court finds by
reason of the dereliction of duty and
incompetency to perform the duties as
guardian shown by the management of
the estate of the ward heretofore and
at the present time that it would be un-
wise to continue the guardian in that
position, she is therefore removed.
A motion for a rehearing in this case
was made by C. F. Peterson represent
ing the guardian and was opposed by
j. Lightfoot representing the ward, and
was denied by Judge De Bolt, and a
decree entered in which the guardian
is surcharged with $56.s5 and is re-
quired to pay over all moneys in her
hands belonging to the ward IS estate to
the new guardian, William Savidge.
The other case was that of the guard
ianship of David Callihan who has now
become of age and has sought an ac-
counting from his guardian, Raymond
Reyes. This estate was smaller than
the other. According to the findings
of the master, John Marcallino, ap-
proved by the court, some tenants, rela-
tives of the ward and the guardian,
were allowed to occupy the premises
belonging to the estate without at
tempts being made to collect rents. The
guardian made no report for eight years
until required to do so by order of the
court on the petition of the ward. Such
delay made reference to a naster to
report on the accounts and the taking
of testimony, and the court ordered the
expense of this to be surcharged to the
guardian as it was his neglect that
made it necessary. So grossly had this
estate been mismanaged that whereas
the guardian claimed a balance of
$90.44 due him from the estate, the
court made so many surcharges against
the guardian that the final decree or
dered him to pay $144.04 into court as
the amount due from him to the estate.
In this case, too, J. Lightfoot repre-
sented the ward.
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