HRS 0531-0030 ANNOTATIONS

Powers and duties of executors and administrators.

Powers conferred on executor by will continue until final settlement as executor, despite vesting order setting up testamentary trust. 31 H. 163, 176.

Procedure for confirmation of private sale, applicable though sale directed by will and covered by this section. 45 H. 199, 364 P.2d 635. Whether sale under power contained in will requires confirmation if made by testamentary trustee, raised but not decided. 45 H. 199, 203, 364 P.2d 635.

Administrator with will annexed stands in same position as executor would have stood. 9 H. 453, 463.

Partner of decedent as administrator, duty, see 1 H. 266 (476) (single justice); 33 H. 445.

Unless exceptional circumstances prevent it, estate should be closed in about eight months. 9 H. 342, 344; 17 H. 514, 515; 18 H. 542, 546.

Liability for interest on proceeds of property when not distributed to legatees within reasonable time. 9 H. 342.

Intermediate accounts approved ex parte, subject to contest. 18 H. 542, 546; 22 H. 436, 439; 26 H. 243, 253; 34 H. 263.

Order surcharging executor conclusive on sureties. 22 H. 403; 25 H. 518, 520; see 10 F.2d 474. Liability of surety when executor is debtor of decedent. 27 H. 655.

Disallowance of commissions, when. 33 H. 445.

Distribution of personal property, jurisdiction of probate court to revoke order of distribution. 45 H. 521, 531, 533, 539-540, 371 P.2d 379.

Duty of administrator to carry out order of distribution. 24 H. 649.

Legacy to minor can be lawfully paid only to guardian appointed by court. 31 H. 705.

Liability of administrator though discharged, where creditor had no notice of hearing. 19 H. 232, decided prior to provision for publication of notice.