C.
448
decease of the said Matthew Taylor Falconer. The said accounts were audited and found correct by M. James R. Cox, a well-known Hongkong auditor under date 15th November, 1890.
The result of the final balance sheet shows that Matthew Taylor Falconer and the Estate he represented was in debt to the aforesaid partnership at the time of the death of the aforesaid Matthew Taylor Falconer to the amount of $50,297 and the said partnership owed nothing to the said Matthew Falconer or Matthew Taylor Falconer.
From this account it appears that Mr. J.H. Powell over-estimated the assets of Matthew Taylor Falconer in the Petition for letters of administration of the estate of the said Matthew Taylor Falconer under date 15th June, 1889, and the said J.H. Powell has since filed his account as such administrator under date 15th November 1890, showing assets received value $235, and payments to the full amount, leaving nothing in hand.
Basically I am of opinion that the evidence shows that there is in fact nothing in hand, but the said J.H. Powell might perhaps be called on to explain upon what basis he arrived at the estimate set out in his Petition of June 15, 1889, and how the accounts for the non-appearance in the final statement of the asset item $4,220 mentioned in the said Petition. It seems clear that the answer would be that on taking the accounts of the firm of P. Falconer & Co., a debit balance appeared.
(3)