The Hawaiian gazette., 1888-08-21
sEFoRE JUDD c.J.. M'cULLY, PRESTON, RIcKEB-
TON AND DOLE u.

Appssd! from Llscrss q JHdd Z q.
sxFoRE JUDD c.J, M'cuLLY, PRESTON, BIcKKs-
TON AND DOLE, u.
OvizfoH Qfths Coart By po'sJ
The following decision was rem
dered in this cause by the Chief JUS
tice st Chambers
This is bill in equity to declare
and enforce resulting trust.
The facts of this case are con-
cisely stated as follows: One Pahau,
wife Of plaintiff, received III 1881 and
1882, some six thousand dollars as
her distributive share of the estate
Of the late c. hanaina, as one Of his
heirs, the same being proceeds Of
real estate. This money was placed
by her in Mr.. A J. Cartwright's
hands, and it was paid out by him on
her orders from time to time. The
plaintiff and his wife, Pahau, had not
been living together for many years,
but in the long and expensive lltga-
ton which Pahau engaged IN to de
termine her rights in the estate of
Kanaina, she was obliged to use her
husbands name, and he readily gave
her his cooperation IN procuring
witnesses. and assisted in every way
in the litigation, but l think it Is
well established that, though there
was the appearance of reconciliation
between them, they each continued
the illicit relations with the para
mours they had taken up with dur
ing the long separation. There is
some evidence that plaintiff and his
wife Jointly signed the orders on the
fund in Mr.. Cartwright's hands. This
Is denied by Mr. Cartwright, but he
does not produce the orders, and
thinks he delivered them TO Pshau
when he closed his accounts with
her. l am of opinion that the plain
tiff had not reduced this fund to his
possession. and that II retained the
character Of real estate of his wife.
The bill, moreover, alleges that it
was plaintiffs wife's property
After the death of Mr. hgnaina,
IN 1877. Pahau. who had been one OF
his retainers, transferred her allegi-
ance to Queen Dowager Emma Mr.
Cartwright was the Queens agent
snd business manager and this &C
counts for Pahau's putting her funds
in his hands,
In 1881 and 1882 two parcels OF
land IN hsuluwela, Honolulu, were
purchased, one for $3.50, and another
for $3.50, and paid for out OF this
fund IN Mr. Cartwright's hands, and
afterwards houses were erected upon
them at Pahsu's expense, and both
she and plaintiff aud several other
retainers of Queen Emms's moved
thither- Pahau lived there until her
death, in 1856, and plaintiff contin
ued there until elected by process Of
law few months ago, In both Of
the eonYeyances of the lands il ques-
ton, Queen Emma is the grantee
and the name Of plaintiff or Pahsu
nowhere appears IN them.
Mr.. Cecil Brown testifes that he
drew the conveyance for the second
piece purchased, the consideration
for which was s., $50 that Pahau told
him to make the deed IN the Queens
name. Upon Mr.. Browns asking
her why she wished 1t so done, she
said the money came from hsnains's
estate, that her husband, han0ele-
hus. had deserted her and she wished
the property so fixed that he should
have nothing TO do with 1t; that she
had an understanding with the
Queen that she Pahau was to live on
the land and take the rents, and that
she would trust the Queens word,
although 10 life estate was reserved
to herself IN the deeds. Other wit
uessss say that Pshsu wished the
land put IN the Queens name lest
hsnOeIahus should mortgage the
land, and she Pshsu eventually lose
it. Miss Lucy Peabody, 81 attend
ant OF the Queen, who negotiated the
first purchase for $3.50, says Pahau d.
rected the conveyance to be IL the
Queens name so that her Pahau's
husband should have nothing to do
with it. I think that all allegations
OF feebleness Of intellect and igno-
rance on the part Of Pahsu and
charges Of fraudulent advantage
taken Of this by respondent are not
sustained
l ind it to be established that
plaintiff knew OF the disposition of
this property At the date OF the deeds
or soon after
The question of law remains
Do these facts show that trust has
resulted II favor Of plaintiffs
The law IS laid down in Perry on
Trusts Vol l, Sec 126, was adopted
by this Court IN 0sp1a e az. e.. RG-
Eapa It a., Oct term, 1887: Where
upon q purchase Of property, the
conveyance OF the legal title l. taken
II the name OF one person, while the
consideration Is given or paid by Al
other, the parties being strangers to
each other, q resulting trust immed1-
steIy arises from the transaction and
the person named II the Conveyance
VIII be z trustee for the party from
whom the consideration proceeds
This rule has It's foundation IN the
natural presamptiOu.- II the ABSENCE
OF all rebGtting circumstances. that
he who zuuuIIes the urrchssa r7ouev