The Hawaiian gazette., 1890-11-25

say, judge Won il he had had the sense
twelve Jurors and the Court and Bar
thus far he could have done any be'ter
l do not like to use such strong expires
sion. and will say judge You whethe
more sense and larger mind woui'
have enabled him 10 do any better thar
he did do so fSr in getting will made
according 10 his desire, and by whics
Mr.. ThurSton was able 10 provide lol
the conveyance as l may say ot th'
whole estate without seeing Mr.. Jaeger
although he could not have drawn q
deed Tor Mr.. Robinson without seeing
what wss in Mr.. jae GERS hands, or II
the Registrars office.
To speak now OF his general capacity,
for thSf has been attacked; that Is, mol
only his condition snd capacity at the
time OF the execution OF the will, buI
during the existence Of his life. l shSll
not undertake, Of course, 70 review The
testimony but l call your attention 70
certain acts. In some respects l may be
following Mr.. ThurSton'S line OF srgu-
me1t, but il WAS my own thought before
heard him speak. Take the Lessee
made by the testAtor and Mr.. Mark
Robinson 70 Allen & Robinson; Mr..
Allen perSiStently declined 10 SAY
whether be Judged him TO be capable,
snd sid that ii amounted 10 this, that
he did not consider him capable, did not
consider il worth while 10 consult him
sni spoke only 10 Mark Robinson. But
John Robinson vSs IS much party 70
that Lessee, IS lessor, SIS Mr.. Mark
Robinson, Snd his signature Sud the
acknowledgment 81 il sire appended 70
that lease, snd without il il would not
have been = leSSe OF John Robinson 5
interest, Sni the fact cannot be avoided
tbs. IL WAS s lsSSs made with John
Robinson, Snd Mr.. Allen is in this posi-
ton: Either that he dealt with John
Robinson IS person capable Of making
) lease. OF thSt he took $ lease from \
person who was incapable Of making II,
5 lease which must have been cancelled
hSi il been brought before the Court, as
sn instrument from 5 person incompetent
70 make one. From time to time, IS You
know, instruments Sre brought before
the Court Sni Sre cancelled, for instance,
deeds procured iron old people who have
become incompetent 10 make them snd
have been imposed upon, the Court sets
them aside New, altogether the most
honorable supposition for Mr.. Allen Is
EhSt ne nd no. make what you may call
: fraudulent lease with his bro.her-in-
lzv. but thSt he took him IS $ person
competent 20 De GeSlt with, there Sre
Only those TWO suggestions The same
argument sppliss also TO Mr. Mark
Robinson, but he wss no. questioned,
and dil not refuse 70 answer the QueS-
lions which Mr.. Allen did. Gentlemen,
i John Robinson was proper party 70
mzSs thai lease. ne Was : proper person
% make Will Let me 20 briefly through
the SC:S with regard 10 the power Of
attorney given ID Mr. Jaeger, with regard
10 which | Ssy the same things; that IS
he sSys thSt power q sttOrney-it wAs
nothing given by order Of the Court, no
power conferred by orier Of the Court
Ne gave u - ; person competent 70 have
: transaction with mis- property, SCd s
very III portSnt one, the transfer and de-
livery = the management and custody
- i % smother VsrS n, snd ne himself
Sni 1- gzsEsr znd Sl the family
zc1uie>Seai II thai sud sctei under that
until he died. l say If he Vas competent
10 uzkc that. he T4s competent 70 make
: I'll giving his property 10 his wife.
IN regard 70 the Signature 70 the bond
q ,Ls Lax collector fOE IS 100. the Sppli-
cztlo1 cannot Dc 50 slrO1g, because he
E&s uo- dealing ziEh MS own family who
knew hin - Eeli; 81 the same time If
ne EeEs COMPETENT 70 sigu tllSt bond, he
wzs, q .s1zrsS- competent 70 deal with
his property oy giving II 10 his wife
resE nci say anything IN particular
85ucs tie land Ehich Mr. Roy sold him,
see that Mr. Roy's Acquaintance with
hin as r0e - intimate s. that q his
h-utber znd family; bCt Il : II the sane
Inc Il lie as competent 70 o1F piece
q lz15- he as competent TO dispose q
T. n SCI L.
Mr.. Smiih-Ycc have not mentioned
the 6ee6 iron Jzsgsr, Yo- HonoE.
The Co1r1-I SIS coming 10 that. NJ.
Izsssr sid hin tEo Iocs fo< : pzice
which sasCs,i u q f1u z1i fir o1e,
eo1 u1,h zli ! sl01li say not
IN 1.-THE, Nj I4sEsr Eeh u0Eing MS
-'11s1I-l11 and capacity and moreover
beng Il he Te-y delicate position o. his
s1cU-l=y. dealt with hin q : competent
=
teen viii 81 mbseILe. : person no1
soOp1s Ue1-Es, which = s1unol
sIpEsss = and nZs- be familiar 70 y0u 4
H. sL-E11zh L L CCs L The English .
4nE4zs- they Eoali have ben invalid; /
: pe-su1 Eh7 : kaoEn by his family u |
y c11E=te1- u buy and sell real estate 4
III Ezk5 laEses @ ease, : competent 1
. 1sT--S Is property, zz1 L L MT II
;1C-l-5 IN lhEz za-5 1hst Il Vas bes5,-l 4
i've II 61C15 Il Ezs best,-t6zs liz
Rad give : p'oEsr Of zt5oEu=T 10 Mr.
'EaEE EZ1 pass oE5r 10 him tie nz1-
-zsC=z1 u his zEEzrs Unf11bte1lF
oEl1 A11l1s1o rs Lit cEI<hE uzl
Ii LII : 1ls15sS UEl. u-1 uzuy Z
III q f1E-1Ds and d lzls1rs EEl0 DIES
- VIII % pCrs1s th= zszCzsz-i91 q
lE--1= .szF5s Ms bezz1zSs II tle hands
I Ggs1s l1d=E dE=re15 p.1Eers: and Il
: s0O51LEz z6D-4b5e u see nan
no bE1 B10@g eo0CZ1 D09 f=TotI1Z
--ss=E - CITING EoCE- In III hath.
4FEE a. 1p1s InGZs, bel1z SIP
1C1ds1 y Al xEa-zi1Czss fz-lF.-ist
: -saE-s 3 Il tk=T ts8oE god care 6 hin,
u ZEE ElEa oe11s- Ehzz II slcCld
1-TzSz 1E= Hzzz=Cz1i q hzs b1=z1sE
! Il EEE zz1 EEs Ez-z zz-hoxI1T fcr