The Hawaiian gazette., 1872-08-07
supreme Court-In Chancery.
BEFORE THE CHANCELLOR.

Anne Long (late Anne Booth and Ihos. Long
her husband conplnHdntS, rS. Sarah Ann
PAuger and c. F, Pfugsr her husband. job,
Montgomery and HiRia1H L. Green, trustees
and others, defendants.
This cause coming on to be heard on the I'll
day of February last past in the presence o
counsel learned, for all parties, and being con
tinued until the 9th day of February aforesaid
and further continued until the 18th day of Feb
ruary, and further continued until the 9th day o.
February, and further continued until the LIST day
of March last, and further continued until the 9th
day of March aforesaid, and further continued
until the l4th day of March aforesaid, upon which
latter day after full debate of the matter, and
after hearing what was alleged by counsel for
all parties, aud after reading the peadings in this
cause, and the several documents therein men.
toned or referred to, and after hearing the evil
dence of the several witnesses produced on be-
halt of the compliments and defendants respect
lively,
This Court doth declare, that II. A. Wide
mann, in the pleadings mentioned, did surrender
his Trusteeship under the indenture of settle
ment of the Both day of April, 1866, in the
| pleadings mentioned, and that the defendant
William L. Green was duly appointed Trustee,
| in the place of the SAID II. A. Widemann;
And this Court doth further declare and dd.
Judge, that nasmuch as the complainant, Anne
! Long did not elect within six months after the
death of her husband, Joseph Booth, in the
pleadngs named, to take her dover in the Es-
tate of her said husband in lieu of the provision
made for her by the said indenture, she is for
ever buried from claiming such dover out of the
lands and property comprised in such indenture,
or in any other property of which the said Joseph
Booth was seized, possessed, or entitled to at the
time of his death.
And tbs Court doth further declare and adj
Judge that John Booth, in the pleadngs named,
had no right of inheritance in the property COM
prised in the said indenture, in any part there
Of and therefore that his widow, the defendant,
Wahineaoha, has no right of dover in the said
premises;
And Ills Court doth further declare and adj
judgs that upon the death of Harriet Charlotte
Booth, in the pleadings named, the said John
Booth became entitled, in common with the
other surviving children of the said Joseph Booth
to he share of the estate Of the said Joseph
Booth to which the said H. C. Booth was enti-
tied, and that upon the death Of the said John
Booth, intestate the defendant Wahnealoba,
became entitled to one half of the share of her
said husband in the said estate, and the other
surviving children of the said Joseph Booth be-
came entitled to the other half thereof as tenants
in common, and doth order and decree the same
accordingly;
-And his Court doth further declare that the
defendant, S. A. Pauger is entitled to an equita-
BILE interest in the income of the property set
apart for the support of the family of the said
Joseph Booth and in the pleadngs designated
the Pauoa premises, aud doth order and decree
the same accordingly;
And his Court doth further declare and adj.
judge that the condition in the said indenture
and in the compliments bill of COM
plant alleged to be in restraint of marriage and
void as against the said complainant,
Anne Long, except as hereinafter mentioned, and
doth order and decree the same accordingly;
And his Court DOLL further declare and adj
Judge that the said condition defeats the contin-
uance of the trusts under the said indenture after
the debts secured on the premises, in the plead |
ings designated the Hotel premises, are paid and |
And this Court doth order and declare that
when and so soon as the said debts shall be fully .
paid and satisfied, the said last mentioned prop
erty shall be settled upon the surviving children
Of the said Joseph Booth and Anne Long and
upon the defendant, Wahlneaoha, subject to
one third interest therein to the said complainant,
Anne Long, for her natural life;
And this Court doth further order and decree
that the said complainant, Anne Long, shall rem
Ter to the Chief Clerk of this Honorable Court,
On the first days of August, November, Febru.
lry, and May, in every year, an account of the
'ents, issues and profits of the said premises de-
;ignated the Pauoa premises, which shall be re-
,eived by her, commencing from the first day of
May now last past
And this Court doth further order and decree
hat the defendants, W. l.. Green and John
or other the Trustees or Trustee
or the time being of the said ndenture, shall in
ike manner render to the said Chief Clerk a
Iuarterls account of the rents issues and profits
If the said premises designated the Hotel prem
SEES;
And this Court reserves the further considera-
ion of this cause until the said accounts are
and will then make an equitable d.
ision to the parties in interest, and in the mean
line all parties are at liberty to apply to the
Court, as they may be advised:
And his Court doth further order md direct
he costs of all parties when taxed to be paid by
he defendants, John Montgomery and w. L.
ireen, as Trustees of the said indenture, out of
he first moneys which may come to their hands
belonging to the said estate.
(Signed) ELISHA II. ALLEN,
Chief Justice of the Supreme Court.
Attest:
(Signed) JNo. E. BARNARD,
Deputy Clerk.
HoNoLuLU, OAHU, ss.-I hereby certify that the
Oregoing is true and faithful copy of the original
Decree in the suit Anne Long ct al. VS.. S. A.
'fuger ct alii, and now on file in the Office of
no Snnrama Cnprt of tho Hawaiian Islands