The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-22
THE ROBINSON ESTATE.
A Noted Case-C0unsel Submit
the Same to the Court.
In the clerks office of the Supreme


under Sec. lao, Civil Code.
Lorrin A. Thurston and Caroline J.
Robinson, executors of the will OF j. n.
Robinson, deceased, and Caroline j
Robinson, VS.. Mark P. Robinson, Mary
+. Foster, Victoria Ward, Bathsheba NJ
Allen and Samuel C.Allen, her husband
Matilda Foster and w. + Foster, her
husband, Annie Jaeger and Albert Jae-
ger, her husband, Lucy McWayne and
Albert McWayne, her husband, and s.
C.. Allen and NJ. F. 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 a civil action in the SUI
pfeme Court, which they have agreed to
Submit to the Justices OF the Supreme
Court without suit.
That the facts out of which said con-
troversy arises are as follows:
James Robinson. late of said Homo
lulu, deceased, by his last will and tesla
ment duly admitted to probate, copy OF
which is hereto annexed and made a
pau uCISOi, DtQutSl anu
devices of property within the jurisdlc
ton OF this Court to his son John n.
Robinson.
Said John n. Robinson died childless
on the 25th day of March, 1890, leaving
a will which has been duly admitted to
probate, by which he devised all OF his
estate to his widow, Carrie l.. Robinson,
above named.
Rohnnno pnh midas, &c !
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 trustees under the will of said
James Robinson.
The questions in issue are:
a. What estate did John N Robin
son take under the first, fourth and
seventh paragraphs of the will of said
James Robinson?
(2) 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
pioCCu Ol hkc Uut SHALL IOb Dt ntdTu
until all OF the Justices of the Su-
preme Court may be present to hear the
same.
This is signed by plaintiffs by their at
torney, Charles l.. Carter, and by de-
PENDANTS personally. Affidavit is made
by plaintiffs attorney and Mark p Rob
inson on behalf of defendants. s. that the
controversy above named is real, and
4 hao 4
faith to determine the rights of the par
ties"
Following are the sections OF the will
referred to in the petition:
First give, devise and bequeath to
my wife. Rebecca Robinson. Tor the
term OF her natural life. the house and
premises in Nuuanu Valley, being my
present place OF residence; also the land
OF Pakankai, 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
property to be held and enjoyed by my
life, or so long as she shall remain I'M
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 btqueath one-h half of the said prop
erty to his said heirs, and after the de- |
IF I'll Dol r
give, devise and bequeath one-half of |
will that the tomb on the premises |
aforesaid shall remain there as burial !
place for myself and my family, and |
shall never be disturbed. | also give,
devise and bequeath to my said vile,
kebecca Robinson, all the furniture and
household effects in my present place OF
residence in Nuuanu Valley, and the |
sum OF twelve hundred dollars a year for
the term OF her natural Lille, the same to |
be paid to her by my executors herein
three hundred dol .ars, the foregoing pro-
visions to be accepted by said wife in
lieu Of dover.
Fourth give, devise and hrqueath |
to my sons, Mark Robinson and John |
QOUIIsOIiy ~ SIdIC anu StidIc dllhc,
for the term of their natural lives, all |
the Pakaka or Point premises situated |
in Honolulu, and all improvements and |
to the same belonging, |
the stone building and premises at tine |
C ,rner of King and Nuuanu streets, |
Honolulu, and the land OF Hoaeae, Eva,
Island of Oahu, and all tracts of land in |
Eva, in which | have an interest; and |
after the decease eff Mark Robinson, |
give, devise and bequeath one-half OF
the said property to the heirs
of Mark Robinson; and after the
death of John Newcomb Robinson I
give, devise and beqneath one-half of
the said property to John n. Robinson's
heirs at law. also give, devise and be-
queath to Mark Robinson and John n.
Robinson, to share and share alike, all
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
personal | give, devise and bequeath to
my executors hereinafter named in
trust, the income from the same. to he
paid in quarterly payments there the
children other than John N are devised
eighth each. One-eighth to my ex-
ecutors hereinafter named in trust, the
income from the same to be paid in
quarterly payments to my son John n.
Robinson for the term OF his natural life,
and after bis death l give, devise and
beoueath the said one-eighth to his
heirs.