The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-05-21
SUPREME cuURT-Ar CHAMBERS.
srFoRE PRESTON j.
SATURDAY, MAY 18th.

son was adjudged q bankrupt on
July z, 1888, and defendant Patty
was appointed assignee. On Oct.
23, 1888, the plaintiff was appointed |
attorney foi Dickson as one of the
heirs of Sarah Dickson. Part of the
latter's estate consisted of property
willed to her by Catherine Bates of
Ohio, L. S. A, to descend to her
children in case of her death, AS
one of such children Nj. Dickson be-
came heir 10 7,477 from the Bates
estate, of which 81, 7,l02 was, at the
time the bill was drawn, in San
Francisco under the control of the
plaintiff Each Of the defendants
having demanded the money of
plaintiff under threat of suit at law,
the plaintiff, S. N. Dan on, pray ed
that the defendants might inter-
plead their claims, and tl'at lie might
pay the said 81, 1o2 into Court, and
he granted an injunction.
DcteI dart Dickson in his an
swer, alleged that the money was
collected b. plainAff as MS attorn,y
alter his adjudication as bank
rupt. ano that at the time
of his fling of petition in
bankruptcy the monty formed
no part of his estate and hence WAS
not relurnaole as such, aud that de-
fendant Pa y as assignee is not en-
titled tc rec over s lid money nor 10
have its possession.
Defendant Patty in his answer al
legged thai the bank upt failed
to set forth in his schedule on Juy
7th, 1883, mis- inter in the estate
of Catherine Bates, being the SUN
of money then il the hands of lie
plaintiff or deposited in Court, and
claimed that tie money wa part If
the bankrupt's estate, and asked for
decree declaring him rs assignee
entitled TO receive Sal:l money for
distribution amoag Dlckson's Gre
ditors.
Mr.. Brown, for Dickson, argued
that under the common law, not SET
aside by any statute, the Request
was only Dickson S in expectancy at
the time of his bankruptcy, it being
only a contingent remainder based
upon the survival of the mother.
Mr.. Neumann, for Pay, contend
ed that the authorities cited by OPP
posing cou lsel did not support the
proposition submitted. The will of
Mrs. Bates allowed of no other con-
struction than that the bequest to
the defendant Dickson was not a
contingent but a vested remainder,
which took effect upon The termina-
ton of lie estate granted TO his
mother.
The Court decides as follows: 81
have considered the various author
tiles cited end also the facts as they
appear IN the ple;.dings, and am of
opinion that the share of the de-
fendant Dickson in the residuary
estate Of Mrs. Bates vested in HIN
at her death, subject to be devised
only on his death during the life Of
his mother leaving children, and
lhereforeSthat the defendant Patty,
as assignee IN bankruptcy of the de-
fendant Dickson, is entitled to the
fund in Court" A large array Of
authorities is commented upon, and
the Court concludes: The decree
will allow The pla ,ntiff lis costs Out
of the fun'l in Court and will con
lain "A declaration according to this
decision. l have not thought i
necessary to decide whether pro
perty acquired hv bankrupt ate
adjudit atitn and before his DIS
charge would belong to MS assignee e
as the point does not arise in thi
case"
w. A. Whiting for plaintiff; G
Brown for defeno ant Dickson Pau
Neumann 'or defendant Patty.
MONDAY, May goth.
James nj. Monsarrat vs.. A. II
Loo Ngawk and c. Along, Trustee
of the Chinese Cemetery Associa
ton of Mansa. Bill OF complaint
in equity. The bill alleges that tn
complainant is i'll possession and
sole owner in fee simple of certsi
| piece of land situate at Puulena
Manoa, described in Royal Pater
No. lOl to KulaIi, by virtue of
conveyance from w. q. ANana an
Hannah p, Akana his wife, date
June 6, 1888 that at the date c
the execution and delivery Of sal
conveyance said W. G. Al:ana va
in possession and was sole ownt
of said premises in fee simple b
virtue of conveyance from Kahi
wal, widow of said Kulani, as so
heir at Law of said Kulani, date
, Sept. Z, 1855; that the defendant
wrongfully and uulawfully claim
be entitled to said premises as SUI
cessors to Ahu Keo and Apakana
trust for the benefit of the Chimes
Cemetery Association, an nninco
= porated association in Honolulu
that the above instrument is who'll
void; and it is prayed that the pow'
of attorney, ETC., be declared nj
: and void, and that defendants |
e perpetually enjoined against brins
: ing any action 1T law against Il
q complainant for possession of sal
land.
The defendants demurred {