The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-05-26
THE ROBINSON ESTATE.
A Noted Case-COunseI Submit
the Same to the Court.

SUPREME COURT VI Alih AA"AliA4'
ISLANDS. Submission OF controversy
under Sec. 1l4O, Civil Code.
Lorrin A. Thurston and Caroline j.
Robinson. executors Of the viii OF j. n.
Robinson, deceased, and Caroline j.
Robinson, vs.. Mark 2. Robinson, Ma y
r. Foster, Victoria Ward, Bathsheba n
Allen and Samuel C.Allen, her husband
Matilda Foster and w. +. Foster, ,
husband, Annie Jaeger and Albert Jac-
ger, her husband, Lucy McWayne and
Albert McWayne, her husband, and S.
c. Allen and NJ. 7. Robinson, executors
OF the will Of James Robinson, deceased.
To the Honorable Justices Of the Su-
preme Court:
The undersigned names OF plaintiffs
and defendants are here inserted repect-
fully represent that they are parties TO a
question in difference which might be
the subject OF civil action IN the Su-
preme Court, which they have agreed 10
submit TO the Justices of the Supreme
Court without suit.
That the facts out OF which said con-
troyersy arises are as follows:
James Robinson, late of said Homo
lulu, deceased, by his last will and lcsta-
ment duly admitted to probate, cory OF
which is hereto annexed and made a
part hereof, made certain bequest and
devices Of property within the jurisdlc-
ton of this Court 10 his son John n.
Robinson.
Said John \. Robinson died childless
on the 18th dav of March, 1890, leaving
a will which has been duly admitted to
probate by which he devised all OF his
estate 10 his widow, Carrie l.. Robinson,
above named.
Rebecca Robinson, widow OF the said
James Robinson, died before the SAID
John n. Robinson.
The plaintiffs are the executors OF the
will OF said John n. Robinson and his
widow.
The defendants are the brother and
the sisters OF said John n. Robinson, and
the husbands Of said sisters respectively,
and the .stees under the will Of said
James -,obinson.
The questions in issue are:
~ What estate did John n. Robin
son take under the first, fourth and
seventh paragraphs OF the will OF said
James Robinson?
% To what estate is the said Caroline
J. Robinson now entitled therein.
1t is further agreed by the parties
hereto that this submission shall be
placed on file but shall not be heard
until all OF the Justices OF the SUI
preme Court may be present to hear the
same.
This is signed by plaintiffs by their at
torney, Charles J.. Carter, and by de-
PENDANTS personally. Affidavit is made
by plaintiffs attorney and Mark z. Rob
insOn on behalf of defendants, " that the
controversy above named is real, and
these proceedings are taken in good
faith to determine the rights of the par
ties"
Following are the sections OF the will
referred to in the petition:
Eirst-I give, devise and bequeath TO
my wife, Rebecca Robinson, for the
term of her natural life, the house and
premises in Nuuanu Valley, being my
present place of residence; also the land
of Pakaukai, near the Nuuanu Valley
stream; also the land on the opposite
side of the road from my present place
of residence in Nuuanu Valley; also the
fish pond premises near the corner OF
Liliha street and the Eva road, Homo
lulu, the whole of the said described
property be held and enjoyed by my
life, or so long as she shall remain I'M
married and my widow, and in the
event Of her marriage or death, l give,
devise and bequeath the whole OF the
above described property to my sons,
Mark Robinson and John n. Robinson
for the term of their natural lives, to |
share and share alike, and after the de- |
cease of Mark Robinson, give, devise |
and bequeath one-half of the said prop |
erty to his said heirs, and after the de- |
cease OF my son John n. Robinson, ] |
give, devise and bequeath one-hah
said property to his heirs; and it is my !
viii that the tomb on the premises
aforesaid shall remain there as burio
place for myself and my family, anu /
shall never be disturbed. l also give,
devise and bequeath to my said wife,
Rebecca Robinson, all the furniture and
household effects in my present place OF
residence in Nuuanu Valley, and the
sum Of twelve hundred dollars year for
the term OF her natural life, the same to
be paid to her by my executors herein
after named in quarterly payments Of
three hundred dollars, the foregoing pro-
visions to be accepted by said wife in
lieu of dover.
FOURTH give, devise and bequeath
to my sons, Mark Robinson and John
n. Robinson, to share and share alike,
for the term OF their natural lives, all
the Pakaka or Point premises situated
in Honolulu, and all improvements and
appurtenances to the samG belonging,
the stone building and premises at the
corner of King and Nuuanu streets,
Honolulu, and the land OF Hoaeae, Eva,
Island Of Oahu, and all tracts Of land in
Eva, in which j have an interest; and
after the decease eff Mark Robinson, l
give, devise and bequeath one-half Of
the said property to the heirs
of Mark Robinson and after the
death OF John Newcomb Robinson
give, devise and bequeath one-half Of
the said property to John n. Robinson's |
heirs at law. l also give, devise and be-
queath TO Mark Robinson and John n.
Robinson, to share and share alike, all i
the cattle, horses and sheep, and all {
other personal property to the land in {
Eva aforesaid belonging or appertain- +
ing.
Seventh-One-eighth of the rest and \
residue of my property both real and {
I i, i l. /