The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-11-19
Supreme Court Of the Hawaiian
Islands.
Continued from Page 4.

going to his house when he at once said
Ia MIR. ! hurston that II was on business
that tie wanted TO see him, and not TO
talk about various matters, and took him
aside into that bedroom which We
visited, and which seemed TO be also an |
office, and he then gave the instructions |
to MIR. Thurston upon which this Will |
has been drawn; that he wished 10 de- |
wise all his property 10 his wife. DIR. |
Thurston very properly Intercepted |
him-do you not wish 10 remember any
other persons in your will, any members
of your family? He said no, and he
gave the reason that they We're all we'll
off, but that his wife would depend tor
her support upon the provision which he
might make for her. He gave a reason
why he did not wish Mr.. Thurston TO go
10 Mr.. Jaeger and get particulars OF what
property he had | will submit to you
if it was not Reasonable reason, that he
did not wish him to know and through
him the family to know that he was
making will which excluded them
from inheritance he had reason TO
think and feel, and this litigation is
proof, that his purpose would be OBJ
structed, opposed at least, and he wished
to make his will as he wanted it in peace
| and quietness. 1t would have been a
| most oppressive thing for the sick man
| to have made that with the knowledge
and in the presence OF his family, and to
| have had to bear for the remainder OF
| bis days, perhaps, an opposition from
this large family to that will. Judge
| whether he has shown s98Se.t thus TAI m
the business OF making his will will
say, Judge you if he had had the sense OF
| twelve jurors and the Court and Bar,
| thus far he could have done any better
| do not like to use such strong express
sion, and l will say judge you whether
more sense and a larger mind would
have enabled him to do any better than
he did do SO far in getting will made
according to his desire, and by which
Mr. Thurston was able to provide for
the conveyance as | may say OF the
whole estate without seeing Mr.. Jaeger,
although he could not have drawn a
deed for Mr.. Robinson without seeing
what was in Mr.. Jae GERS hands, or in
the Registrars office.
To speak now of his general capacity
for that has been attacked; that is, not
only his condition and capacity at the
time OF the execution of the will, but
during the existence of his life shall
not undertake, of course, to review the
) testimony but l call your attention tC
, certain acts. In some respects | may bt
following Mr.. Thurston's line OF argu
ment, but it was my own thought before
l heard him speak Take the lease
I made by the testator and Mr.. Mari
Robinson to Allen & Robinson; Mr.
2 Allen persistently declined to say
? whether he judged him to be capable
and said that it amounted to this, tina
/ | la 10
: consider it worth while to consult hin
and spoke only to Mark Robinson. Blu
l John Robinson was as much party t.
r that lease, as lessor, as Mr.. Mari
Robinson, and his signature and TIT
acknowledgment of it are appended t.
g that lease, and without it it would no
, have been a lease of John Robinson
interest, and the fact cannot be avoided
D that it was a lease made with JOIN
=, Robinson, and Mr.. Allen is in this posi-
, ton: Either that he dealt with JOIN
Robinson as person capable OF makln
a lease, or that he took lease from
person who was incapable of making it
lease which must have been cancelle'
-. had it been brought before the Court, a
an instrument from person incompetent
to make one. From time to time, as yo
know, instruments are brought befor
the Court and are cancelled for instance
deeds procured from old people who hav
g become incompetent to make them an
O have been imposed upon, the Court set
them aside. Now, altogether the mos
honorable supposition for Mr.. Allen
that he did not make what you may ca
, a fraudulent lease with his brother-ir
law, but that he took him as perso
y competent to be dealt with, there ar
9 only those two suggestions. The sam
% argument applies also to Mr.. Mar
Robinson, but he was not questioned
- and did not refuse to answer the ques
tons which Mr.. Allen did. Gentlemen
if John Robinson was proper party t
l. make that lease, he was a proper perso
to make will. Let me 60 briefly throug
e the acts with regard to the power c
attorney given to Mr.. Jaeger, with regar
q to which | say the same things; that a
he gave that power of attorney-it wa
nothing given by order OF the Court, n
e power conferred by order of the Court
|, he gave it as a person competent to hav
e a transaction with his property, and
very important one, the transfer and de
g livery of the management and custod,
OF 1t to another person, and he hlmsel
o and MIR. Jaeger and all the famil-
: acquiesced in that and acted under tina
e until he died | say if he was competen
8 to make that, he was competent to max
p a will giving his property to his wife.
8 In regard to the signature to the bone
OF the tax collector for $23 100, the appli
g cation cannot be SO strong, because h.
e was not dealing with his own family win
q knew him so we'll at the same time
he were competent to sign that bond, h
was, of course, competent to deal will
2 his property by giving it to his wife,
s need not say anything in particula
e about the land which Mr.. Roy sold him
it is not as strong case, because we al
see that Mr.. Roy's acquaintance will
e him was not so intimate as that of hi
e brother and family; but it is in the SAM
' line. If he was competent to buy piece
!, OF land, he was competent to dispose O
: it, to sell it.
e Mr.. Smith-You have not mentioned
the deed from Jaeger, Your Honor.
The Court was coming to that. Mr.
z Jaeger sold him two lots for a prize
r which seemed to be full and fair one
e neither too much and l should say no
e too little, Mr.. Jaeger well knowing hi
4 condition and capacity and moreove
: being in the very delicate position OF hi
I attorney, dealt with him as a competen
: man. Now, if all these transactions hat
: been with an imbecile, person "noI
g compos mentIs," which is a common
= expression and must be familiar to yol
2 all, although it is not in the Englist
i language, they would have been invalid
t a person who is known by his family t.
e be competent to buy and sell real estate
and make leases or lease, is competen
e, to devise his property, and it is not IN
conflict with that fact that it was best
have no doubt il was hest.-that Lis