The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-07-18
SUPREME COURT.
The VIII of the Late Queen Emma.

IN PRoBATE-BEFoRE. CHIEF JUSTICE JUDD.
Yesterday, in the Probate Court, His
Honor the Chief Justice was engaged during
the day IN hearing evidence regarding the
will of the late Dowager Queen Emma. Mr.
Cecil Brown appeared for Mr.. A. J. Cart
wright, the executor named in the will, and
Mr.. L. A. Thurston for the con testan t, A bert
Kunuiakea. Mr.. Preston was originally
retained by the contestant. but since his
elevation to the Supreme Bench the case had
been entrusted to Mr. Thurston.
Mr.. Cecil Brown read the petition for the
probate of the will, in which the value of
the real estate devised by the late Dowager
Queen was set down at S125, 900, and the
personal property at $1,000. The principal
devisees under the will are Albert Kunuia-
kea, first cousin of the testatrix, and Stella
Keomailani, cousin.
The grounds upon which the will was con-
tested were: 1st. Undue influence by those
about the late Queen and doing business
with her. I'd. Her not being of sound and
disposing mind at the time of signing the
will. Sd. That the document presented for
of the late Queen Dowager KaleIeonalani
Hon. W. G. Parke was sworn to prove the
death of the testatrix. He had known the
testatrix for about 40 years. Saw her dead
at her late residence, and helped to place
her in her coffin. The deceased was the
widow of the late Kamehameha ".
To prove the execution of the will Mr..
Brown called Mr.. J. NJ. Monserrat, who de-
posed: am lawyer, practicing in Homo
lulu. Knew the late Queen Emma as long
as can remember. drew will for her.
drew it from drafts submitted to me by
Mr.. A. J. Cartwright. Those notes were
submitted to me some time before the sign
ing of the will, on the Oath of October, 1884.
The first draft of the will I drew was handed
by me to Mr.. Cartwright. short time
after the first draft was made by me it was
returned to me with certain additions. The
last draft was drawn by me some three
weeks before it was signed by the testatrix.
went to the house of Queen Emma with
A. j. Cartwright, Jr., and found the Queen
sitting in her library with the will in her
hand, reading it. She read it through. She
said this was her will and testament, and
she wished to execute it in our presence. 1
asked her if she had read it over carefully,
and if she understood it. She said she did.
She signed it in our presence, and at the
bottom and on the margin of each leaf. We
signed it at her request and in her presence.
The will remained on the table after it was
signed. We were about to take our leave,
and the Queen told US not to be in a hurry
Requested US to write our names in her birth
day book, which we did. She appeared to
be in perfect good health. I noticed she
was unusually bright. Should judge she
was in perfectly sound mind, and she stated
that she was in good health.
Cross-examined by Mr.. Thurston: Mr..
will. He had a lot of memoranda which he
said were made by him at the dictation of
Queen Emma. Did not state when the
memoranda we're made. I drew the will in
accordance with these memoranda, in less
than two weeks after receiving them. When
gave the will to Mr. Cartwright he did not
suggest changes. He said he would give it
to Queen Emma, and if it YVES approved he
would have it executed; if not, he would re-
the will again. One or two legac were
added to the will when returned, but no
alterations were made in the material parts
OF the will. Drew q second and final draft
on the receipt of the original will The
witness was here examined as to de-
tails to test the accuracy of his memory.
The witness then proved the execution of
the will by the testatrix, which was done in
due form. Mr.. Cartwright, the witness said,
Lad said to him that he thought it would be
desirable if the Queen made q will. Suisse
quent to the execution of the will had a
conversation with Mr.. Cartwright and he
said that he thought the Queen acted wisely
In making the disposition of her property as
she did, so that Kunuiakea could not
Squander it. Mr.. Cartwright characterized
Kunuiakea's management of property since
being released from guardianship as that of
spendthrift. He had squandered about
$4,000 in four yevrs.
DR.. Robert McKibbin was examined as to
the late Queens mental and physical con-
ditiOn. He deposed that Queen Emma had
recovered her mental strength after the
second apoplectie attack. Her mind was
perfectly clear, and she was quite fit to
make will. He said that professionally
and as friend. He had urged the Queen