Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-07-06

MUST ACT
btgS 81 rs
Matthewman Decides To
Clear Up Old Estate
Cases
Especial Correspondence

lllI.O, Hawai-, July Judge Mat
thewman of the Kailua Circuit Court
is doing some great work In the mat
ter of calling to account a number of
administrators. executors. guardians
and others who are handling estates
in his jurisdiction. Since time i'm.
memorial the manner In which es.
tates have been handled In Hawaii
has been most slipshod one. and
much Injustice has been the result.
Judge Matthewman recently decided
to clean up matters OF this kind In
his own bailiwick, and appointed At
torney Carl Smith amicus curlae for
the purpose.
The fur has already begun to fly
on his recent trip to Kona. Smith
appeared before court. Attorney Ma.
COON, OF Honolulu, was one of the
first to get in the way Of the light.
ming. He appeared as attorney for
John Makuahai who was appointed
administrator of the estate Of Solo
mon Kuaimoku on MAY "a. 1905 and
who had failed to file an inventory
! or petition for the allowance OF
final accounts, although the law re.
quires that accounts must be filed
within a year
Smith was appointed am.cus curiae
/ In this case for the purpose of In
| vestigating matters and bring the ad'
ministrator before court. He obtain.
ed the issuance of an order citing
the administrator to show cause why
he should not fulfill his legal duties
forthwith. Magoon criticized the ac-
! ton of the Court IN appointing an
amicus curiae, stating that In Homo
lulu the practice was to have the
clerk write letter to the admins.
traitor informing him of his delin-
quency and thus bring him before the
Court.
Matthewman's reply was quiet, but
had considerable sting to II. He told
Magoon that he was not advised of
the Honolulu practice, but that he had
noted Magoon's criticism of the ac'
ton of the Third Circuit Judge. The
Court used its discretion in all mat
ters where discretion was allowed It,,
and the method which had been fol
lowed. had been adopted only after
mature deliberation.
The Court ordered the adminlstra'
tor TO file all necessary documents
Immediately, which he did, and the
amicus curiae was allowed 80 fee.
The Court indicated that he intended
charging this fee. as well "a certain
other costs, against the administrator
personally on account of his failure
to perform his duties.
In the matter Of the estate OF c.
Ako the Court issued an order re-
curing c. X Al, OF Honolulu, who
had been appointed administrator on
Oct. 81, 1906 and had made no show
ing since then. to show why he had
not filed his accounts. Holmes, Stan
ley and Olsen appeared for the ad.
ministrator A sworn return was nj
ed showing that the estate was In
volved In litigation now pending In
the Supreme Court, and that II this
resulted adversely to the administra-
tor. all the assets would be wiped out.
The Court held that this showing was
sufficient.
The next matter was that OF the
estate of T. X. r. Amalu, in which
VIM. G. Hooper had been appointed
executor Nov. 4, 1907. Ashford APP
peared for Hooper, and showed that
the administrator had given his ac'
counts to Mr.. Maydwell about a month
ago. The Court gave him thirty days
In which to file his accounts, and In
timated that he would be mulcted In
the amount of his commissions In the
estate for his failure to perform his
duties, but left that matter until later
on
Mrs. Maud Taylor, the widow OF
the late VIM Orlando Taylor, hai
been appointed temporary administers
tor of the estate of her husband, June
27, 1906. She had filed the VIII for
probate but had done nothing since
Ashford appeared for her and gave
guarantee that she would file all ac'
counts by July 81 and the matter
was allowed to stand until then.
Thos. C. White had been appointed
administrator of the estate OF Jas
Kauhane on April 2, 1908, but had
not filed an inventory or accounts
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