The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-09-21
The AkI CLAIM /!
Mr.. Justice Preston Delivers
His heciSioH.
In THE SUPREME couHT OF TUE HA-
WAuA& l~LNSDS--lN ENUITY.
REruRr PRESTON i.

HEr"Rr PRESTON i.
A. IL. Loo Ngawk aud Tong
Chong Soy, Executors OF the will of
r. Aki, deceased. vs.. Alexander j.
Cartwright, Samuel NJ. Damon and
Curtis p iaukea.
UeCiSi00.
The bill states that on the 9TH of
November, 1887, His Majesty being
indebted to the complainants IN the
sum of seventy-one thousand dollars
for moneys heretofore had and re-
eived to the use of said Aki did by
and with the advice and consent of
his entire Cabinet agree with COM
plainants that in consideration that
complainants would bring nospro-
ceedings and cause no petitions or
bills to be introduced into the Ha-
waiian Legislature in the premises,
all the estate of His Majesty with
certain exceptions, and all the
Crown Land Revenues should be as
signed to Samuel NJ. Damon, Curtis
p. laukea and Joseph o. Garter in
trust for payment of said moneys TO
complainants and that the Commits
sionerS of Crown Lands being so re-
quested and authorized by His Maj
esty agreed thereto in respect OF the
assignment OF the Crown Lands Re-
venues. That in order TO avoid all I'M
necessary publicity concerning said
Indebtedness to compartments, and
also as q matter of justice to such
other persons aS then had claims
against the estate of His Majesty, it
was also agreed between complain
ants and His Majesty and His Maj
eSty's entire Cabinet and the Crown
Lands Commissioners that the pro-
ceeds Of such trust property should
also be applied pro yato to payment
of such other claims as aforesaid.
That the sole cause and purpose of
creating such trust was clearly and
mutually agreed by and between all
the parties therein concerned as
aforesaid TO be that the said indebt
edness to complainants should be
paid pro rnta out Of the proceeds Of
the property so to be assigned in
trust as aforesaid and that thereby
all publicity and all proceed
ings concerning said indebt-
edness should be avoided. That a
deed of trust WAS on the 2lst day of
November executed and delivered
by His Majesty and by the Crown
Lands Commissioners to said Sam
uel NJ. Damon, Joseph o. Carter
and G.. Il. Iaukea as trustees for the
uses, trusts and purposes above
mentioned and said trustees accept
ed said trust and took possession of
the trust premises thereby assigned
to them and were then acting as
such trustees with the exception of
said Carter who had since
resigned as snch trustee and that
said defendant Cartwright had been
substituted and that said defendants
were then the actual trustees under
said deed of trust. That said 0ri-
ginal trustees and also said new
trustee accepted said trust and took
possession of the premises thereby
conveyed with full knowledge of all
and singular the matters before stat
ed and set forth and consented and
agreed at and Immediately before
the execution OF said trust deed to
the payment Of complainants said
claim rs one OF the then existing
debts of His Majesty out Of such
trust moneys as should thereafter
come TO their hands and be availa-
bic for that purpose. That within
three months after said 2lst day Of
November complaiuants presented
to tine defendants in writing their
said claim for said sum Of S7l 900,
with interest thereon and requested
the defendants 10 approve the same
in writing and 10 apply such mon
les in their hands rs should then o.
thereafter he available in THEN
hands for payment of His Majesty :
debts TO the payment OF complain
ants said claim pro ruth with the
payment of such other 0ebls Of His
Majesty as shonld be payable out OF
said moneys. But that the defend
ants absolutely refused to approve
said claim or comply with said re-
quest, or to pay the same or any
part thereof and wholly rejected