The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1879-03-01
THE PACIFIC
Commercial 36Oertlscr
SATURDAY, MARCH i.
Supreme Court-In Probate.

IN TIE NATTER OF THE ESTATE OF HIS LATE MAJESTY
LUsALLO, DECEASED
The trustees OF this estate set forth, that from the sales Of
ithsir hands, AMOUNTING 70 . $3.50, and ask for directions
The question at the hearing was, whether the sum shOuidee
buildings contemplated By the win Of his late Majesty shall
bundinEs in repair and to maintain the inmates, or whether
it L. the duty Of The trustees to commence to build Immediately
he VII Of bis late M.i.ty devise. . hi: Trustees, Who are
Court, or The Court Of the highest Jurisdiction in these Ha-
zaiAn IsIsndJ, all his real estate, to be held by them Csaid
and sIait sispo z G u ss er re : es:ass To NE Ss.s sdvsns.S. a, public
or private sale. and to invest the proceeds in some secure man;
the sum realized BY the said trustees shall, with donations or
ESQ 900 Den / order the trustees 10 De appointed as afore-
said) 10 exPeDd the Vho, amount in the purchase Of land and
Oahu, Of iroo, stone. brick Or other arsPsoOf material, for the
I Tsr aIa nVGS sSoriSinaD S.O : Pore or :S SIsetHss giving 1eo prei eTepce to
old people, upon such terms, rents or charges as to the said
majority Of The justices Of the Supreme Court, or Court Of
highest jurisdiction in these Hawaiian Islands, shall seem
proper"
VII did not suppose tina. his real property would be 50 yala.
Ihouzht IL quite possible that IL would not realise upon sale so
mach as So. 900 and, Il such should be the case, he directed
mutation, or By The sddiGioa Of donations from other persons,
!, should amount TO said sum Of $4,000, which he evidently
the charity which h. contemplated. But his further COM
led. he groand should be purchased and the building CON-
msHesd, and The whole sum Of s?s 600 expended;
expended, how are the trustees to maintain the building and
The inmates! The answer Is, that the deceased mas 50 ordered
and the trustees must fulfill the wishes Of the deceased. The
testator probably had good reasons for the disposition which he
made, and, upon inspecting his will, good reasons will appear
on the face OF It. For he evidently Contemplated that his ex-
ample viii be the inducement for others TO add TO the efficacy
Of the charity the foundation alone Of which he Is laying, and
farther, he did not contemplate that the inmates were to be
maintained out Of this charity, for he says that bcildings are to
be erected for The use and accommodation of the poor, desti-
tuhe and inhm, upon such terms, rents and charges as to the
majority Of the Justices Of the Supreme Court shall seem pro-
per and this Is more apparent by a subsequent clause, where
he says; " But, in ease sufficient buildings shall have been
provided Orom some other sOurce) for the use and accommo-
dation Of poor. destitute and infrm Hawaiians as aforesaid,
then 1 hereby order and direct that the said trustees shall ap-
ply the net rents, issues and profits arising from the principal
sum realized from the said real estate, when sold as Aforesaid,
towards the maintaining Of The said buildings in repair, in their
improvement. and towards the support and maintenance oil
the inmates aforesaid as In the opinion Of the said trustees
shall seem best" Other words can scarcely make the mean
the rents, issues and profits arising out Of the SIS, 600 is to be
used for the repair of the buildings, their Improvement, or the
support Of inmates, until 4 building or buildings sufficient for
the purpose-that Is 10 say. as sufficient as $4,000 will pro-
Vide-shall have been erected. But if other persons shall pro-
vide sufficient buildings. or partially provide them, so that
there will be either the whole or a part OF the whole $4,000
remaining, then, and not till then, the rents, issues and profits
OF the sum 80 remaining shall be devoted 10 the repair or Inn
provement OF the buildings and the maintenance Of inmates.
Whereas, therefore, the sum Of SIS, 900 has accumulated in
the hands of the trustees, it is hereby ordered that they pro-
coed forthwith to purchase the ground and erect the buildings
/. required.
CHAs. c. HARRIS, Gu.
A. FRANCIS JUDI, First Associate Justice.
LAURENCE McCULLY, Second Associate Justice.
Honolulu, Feb. Goth, 1879.