The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-12-25
Master inquiries
Jas To Validity
of Will Of SWanzy'
Question Is Asked Whether Birth
Of Daughter After Making Of
Testament Has Any Bearing
On Validity Of instrument

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Because daughter was born to Mr..
and Mrs. Francis Mills swanzy after
he had signed his last will and tesla.
ment, which was dated October -,
1890, John =. Colburn, the master ap.
pointed by Circuit Judge c. W. Ash.
ford TO make inquiry into the apprais
ers report Of the property left by Mr.,
5wanEy at the time Of his death IN
February, 1917, raises n, question as to
whether the terms of the will may not
,e inyalidated, because of this Incl.
lent.
The master called the judges atten
ion to quick in the law, referring
o Section 1866 Revised Laws of Hai
vail, wherein the law purports TO in
,alidate will upon two certain con
ingencies arising, but in reality does
I not, even though only one contin
,ency has arisen in this ease, as in thi.
ase in the birth of Rosamond subse
Iuent to the date Of making Of thu
Sillfv
Jhild Born Later B.. ..-t.. 81.
i.The paramount feature of the Law
il appears to me, adds the master
lis not so much as to the marriage
when testator is already married
but the birth of a child after the sign
.ng Of the win and no provision hav
Y been made for such child, as il
his case. A marriage has to proceed,
n order that the issue is legitimat,
md can inherit" .a.....
The will, after disposing of som,
rinkets to brother and sister in Dub
lin, both Of whom are dead, and gift,
0 other relatives and friends, leave:
Is estate Of every nature and kline
nd all real and personal property t.
Is then wife, now his widow, Mrs
ulie Judd Swanzy. Rs.
The master informs the court that
ne child was born Nav IL, 1889, an(
led October 2s, 1890; Nora Tasting
'wanzy was born September s, 1890,
nd was married April IL, 1917 tc
teorge Young Bennett; Rosamon1
wanzy was born February 8, 1895.
10 Bonds Filed H.. ...F
As TO the appraisement of the prop
rty and the administrator fee, I'll,
raster reports that though this estate
he most Of IL is in convertible securi
. les, w. H. Baird, the administrator
las administered it without filing an.
,onds, 80 done at the special reques
4 the widow on April IL, 1917, she
'eing the sole deyisee and the mair
egatee. ~ ~. ~. " ~
The widow elected TO take under the
terms of the will which election wa
lied April 2S, 1917 A. w. T. Bottom
ey, Theodore T.. Lansing and Abr
,lom were appointed appraisers of the
state on May 81, 1917, giving as the
alue of the estate the sum of 1889,
57.25. " .'.. H.. III
Mr.. Colburn recommends that thu
administrator of the estate should b.,
.warded further commissions Of tw'
nd oRe.half percent on $l,039, 1915
r $25,993.99 and two and one-half per
ent more on said amount after his az
'unts are approved and he distribute
he nrouertv. or a total in commissions
+ $51, 9s7.9s. .....,' 49,. ~ =,
Inheritance Tax Unpaid .
The master calls attention TO tn,
act that the administrator has as We
ailed TO pay to the Territory the in
eritaDee tax, although he has a large
ash balance on hand and whereby ir
aging il now he will obtain the dis
cunt provided by law. The territoria
reasurer informed the master that h.
as approved the appraisement mad
nd would be willing to accept the in
eritance tax in accordance, herewith
he same applies also to the balance
( the federal tax, which also has no
,een paid. The master makes com
uents on the liquidating of indebted
resses as follows: ~
"This estate is one vested with thu
most of its assets made up of persona
property; in other words, assets tina
he, administrator is empowered unde
he law to convert into cash at his dis
retiOn without even asking the court ,
,ermission during his term of admir-
stratiOn. ~ ..
'ayment Of Debts >r-,.-..
For instance, the demise of per
Oh oGpulS, SUM as III inns NhaCs II
WINS all kinds Of personal propert,
md some real estate. There is a.
Executor or administrator appointe.
md the appointee advertises TO
laims, has a certain length of time Il
'hieh to file his inventory and, unde
II usual conditions, the claims. what
,ver they may be, must be filed IN ST.
Months from the date of the first pub
'ieation or in six months after clair
becomes due. The executor or admin
istratOr, to expedite the settlement o
the estate and not knowing what obi
yations the person has contracted dur
| ing his lifetime, or in general words
| owes, takes il upon himself TO sell an,
| dispose Of everything in the way o
personal property to be prepared to %
| III the creditors. No statute prohibit
him from selling, but with the real ct
tate the appointee is tied hand an
foot by not being able to sell tina
class of property until the time is u
for the presentation Of claims and il
after such time, he finds that no pei
sOnal property is available to pay Of
with, or there is not a sufficient GUAR
tity. then, and only in that case, is h
permitted TO sell real estate. Eve
then he must andy to the court for pei
mission, and the court cannot gran