The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-09-25
The AKl CLAIM !!
MIR. Justice Prl ion Delivers
His Det sion.
In THE SUPREME COURT on uM IuA.
wAIIhN IsLANDs-IN EQUITY.
BEFORE PRESTON j.


Curtis l.. laukca.
Decision.
The bill states that on the 9TH of
November, 1887, His Majesty being
indebted to the complainants III the
sum of seventy-one thousand dollars
for moneys heretofore had and re-
eived to the use of said Alli 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
Grown Land Revenues should be as
signed to Samuel Nj. Damon, Curtis
p. Iaukea and Joseph o. Carter i'll
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 un-
necessary publicity concerning said
Indebtedness TO compIanants, and
also as 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 Grown
Lands Commissioners that the pro-
ceeds of such trust property should
also be applied pro rata 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 rata 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 Dist 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 c. p. 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 such 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 ori-
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 sat forth and consented and
agreed at and Immediately before
tie 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-
BILE for that purpose. That within
three months after said DIST day OF
November complainants presented
to the defendants in writing theil
said claim for said sum of S7l, 900
with interest thereon and requested
the defendants to approve the same
in writing and to apply such mon
les in their hands as should then ol
thereafter be available in theil
hands for payment of His Majesty
debts to the payment of complain
ants said claim pro rata with thu
payment of such other debts of His
Majesty as should 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
and disapproved said claim. And
the complainants submit that such
refusal of the defendants is breach
of the trust created by said deed
and is fraud upon the complain
ants and they submit that the de,
PENDANTS ought to be compelled tc
approve said clsim and to pay the
same pro rata with other debts OF
His Majesty the payment whereof is
in said deed of trust directed.
The complainants by their bill as
amended pray for decree that tho
defendants do approve said claim
and pay the same pro rata witt
other debts of His Majesty the pay
ment whereof is in said deed of trus
directed and as alternative relic
that their claim of S71 900 be estab
lished by the Court, and that thu
defendants be directed to pay th'
same pro rata, etc.
The defendants, by their answe
as amended admit the execution o
the deed of trust but deny that sale
deed was intended for or was upoI
the uses and trusts named in Tho
bill and aver the truth to be tina
Il