Colburn v. Whitney

Citations

• 23 Haw. 32
• 1915 Haw. LEXIS 10

Syllabus

<p>Courts — jurisdiction—probate order.</p> <p>A circuit judge sitting in probate bas no jurisdiction over trusts as distinguished from estates. But an order of surcharge made by a circuit judge in a proceeding in probate upon the settlement of the final account of an executrix, who was also a trustee of certain property devised to her by the will, is not void for lack of jurisdiction on the part of the judge sitting in probate because in arriving at the balance with which the executrix was surcharged the judge erroneously took into consideration certain receipts and disbursements made in the capacity of trustee, and as agent for other trustees.</p> <p>Equity- — Mil of review — time for filing Mil.</p> <p>A bill of review based upon errors, apparent on the record must ordinarily be brought within the time limited by statute for prosecuting an appeal or writ of error from the decree sought to be reviewed, except in case of the complainant’s disability.</p>