The Hawaiian gazette., 1889-09-10
Decision of Preston j., at Chambers.

The bill alleges that on the 9TH
July, 1888. the defendant, NJ.
Dickson, was adjudged bankrupt,
and that the defendant, Patty, was
duly appointed assignee, and that
said Dickson, on his bankruptcy,
became Invested of all interest and
title in his property, and that on
October %, 1888, the plaintiff, at
the request of said Dickson, was
appointed attorney for him in con-
nection with, and for other heirs
of Sarah Dickson. That in the year
1888, one Catharine Bates died in
the State of Ohio, U. S. A, and her
last will and testament was duly
probated on or about March 23d,
1888, in the Probate Court of Ham
ilton County, in said State of Ohio.
That among other provisions in said
will is the following bequest: /
give all the residue of my property
or whatever character to my sister
Sarah for her life to hold and enjoy
in all respects as she shall deem
wise and proper with remainder to
her children share and share alike.
Should either of them die before
the mother and leaving one or more
children, such child or children is
to have the share the parent would
have received if living" That
said Sarah Dickson died in Homo
lulu, on or about July &c, 1888, and
among other children of hers sur
viving is the defendant, NJ. Dick
son. That plaintiff, on'December
"a, 1883, received from one Joshua
H. Bates, executor of the will of
said Catharine Bates the sum of
S7477 as the share of the defendant,
NJ. Dickson, of the property held
under said will, and that the sum
of STOP of said money or fund is
now in San Francisco under the
control of the plaintiff. That de-
PENDANT, Patty, as assignee in bank
ruptcy of said defendant, Dickson,
has claimed of plaintiff said money
or funds in his hands, and has de-
manded that the same be paid to
him and threatens plaintiff with a
suit or action for the same, said de-
mand being made on March 9Th,
1889. That said defendant, Dick
son, also claims of plaintiff said
moneys or funds and threatens
plaintiff with suit or action for
same, demand for same having
been made on March 18th. The
bill contains the usual allegations
of no interest, etc., and prays that
the defendants may interplead their
said claims and for liberty to pay
the said sum of STOP into Court
and for an injunction.
The defendant, NJ. Dickson, by
his answer admits all the allega-
lions in the bill and further says
that the said sum Of money in the
hands of plaintiff, or paid into
Court by him, was collected by
plaintiff as the attorney in fact Of
the defendant under power of attOr-
ney duly executed and delivered
subsequent to the filing of his petit
ton in bankruptcy and adjudication
as a bankrupt (and revoked pre-
vious to the filing of said BILLY and
was not at the date of the filing of
said petition for adjudication for
bankruptcy a part of his estate and
as such returnable by him as part
of his estate, not did the defendant
have any interest or title to same
on said 9TH day of July, 1888.
That said money did not become
vested in him nor was he entitled
to the same until on or about the
Goth day Of July, 1888, and that
said money is property acquired
subsequent to and after the adjudi-
cation of the defendant as bank
rupt and that therefore the defend
ant, Patty, as assignee, is not en-
titled to recover said money nor is
he as such assignee entitled to the
possession thereof.
The defendant, Patty, by his
answer, alleges that the defendant,
Dickson, on the 18th day Of July,
1888, filed his certain schedule,
containing among other things an
inventory of his essets, but failed
to set forth in his schedule his in
terest in the estate of Catharine
Bates, deceased, being the sum of
money then in the hands Of the
plaintiff or deposited in Court.
That the said sum collected by
plaintiff under power of attorney
from the defendant, Dickson, was
the property of said defendant on
the said 18th day of July, 1888, and
as such was part of his estate in
bankruptcy, whereunto the defend
ant, Patty, is entitled by virtue of
the provisions of the Act, Chapter
XXXV.' of the Session Laws of
1884, as assignee of said defendant,
y Dickson, and asks for decree de-
claring that the defendant, Patty,
as such assignee is entitled to re-
ceive said moneys for distribution
among the creditors of said Dick
son.
The case was heard by me on the
bill and answer.