The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-03-30
COURT CHRONICLE.
Hearings at Chambers Suit on Be-
half of John McKeague's Chill
dren.

halt OF John Mcheagues Chl-
dren.
The habeas corpus case of Geo
Titcomb, against his conviction and
sentence on Kauai, was argued and
submitted before Judge Whiting
this morning. A. S. Hartwell for
petitioner; Attorney-General w. o,
Smith for the Government.
Judge Whiting appointed G. w.
Ashford as administrator of the
estate of VIM. Henry Harper under
500 bond this morning. -
G. Wilcox VS.. Keaweamahi, bill for
specific performance, is being heard
before Judge Cooper. A. Rosa for
plaintiff; w. G. Achi for defendant.
CHILDREN OF JOHN MAcKEAGuE.
Mary Kaleialii has sued out bill
in equity against Morris S. Grin
baum and M. Louisson, partners III
the firm of NJ. S. Grinbaum ~ Co.
The bill is to establish trust Great
ed by parol. Plaintiff acts for her
self and as next friend for Daisy,
Caroline and Robert McKoague.
Her petition sets forth in effect the
following declarations:
l. That the minors are children of
Mary Kaleialii and John McKeaguo,
who were divorced January H. 1890.
2. That in July, 1885, defendants
through S. Selig, their representa-
tive and agent, in their employ, pro-
missed and agreed to and with I. A.
Lloyd, who was then guardian of
John Mckeague, a person of I'M
sound mind, that they would pay
Lloyd the sum of five Thousand dol
lars (S5OO0) in trust for the wife
MARY Kaleialii) and the children of
John McKeague, and in considera-
ton thereof Lloyd as such guardian
would enter a suit to set aside and
annul certain mortgag deed made
by the said John McKpague to (Dr.)
Alex. Kennedy, dated September a,
1881, to secure the repayment of
forty thousand dollars (SiOOO0) and
do certain other acts whereby the
Heeia plantation, the property then
covered by the said mortgage deed,
would on the sale by foreclosure,
under decree of the Supreme Court
in the case of NJ. S. Grinbaum & Co.
against the Heeia Plantation Com
pany and others, realize more than
the amount due upon a ccrtai mort
gage made by the Heeia Sugar Com
pany to the defendants dated
August lG, 1883.
3. That on or about Sept, 1884, a
suit was brought by T. A. Lloyd
against Kennedy. aud decree was
made that said mort gage be set aside
and cancelled.
4. That subsequent to said decree
the Hceia plantation wat sold under
foreclosure as aforesaid to NJ. 5.
Grinbaum and NJ. Louisson for one
hundred and twenty-five thousand
dollars (&l2o,OO0).
5. That thereafter NJ. Louisson,
in pursuance of promise as above,
agreed with Mary Kaleialii to pay
her for the use and benefit of herself
} and children the sum of :S23 a month,
the same being out of the interest
l of the said 5000 as promised, and
| that the said $1,000 should remain in
g the hands Of NJ. S. Grinbaum & Co
in trust for the use and benefit of
the said Mary Kalcialii and hcr
l children until the said children
7 should arrive at their legal majority
| and the said Mary Kaleialii consent
Q ing thereto was thenceforward paiC
the said sum of S25 month unit
March, 1890, when the payment wa.
stopped, and the said defendants
n have since refused and still refuse tt
: pay the said sum of $50 month o.
any part thereof, or the said sum o
n $1,000 or any part thereof.
Compliments submit that, having
regard to the facts stated, and il
g particular to the verbal agreement
}, by Selig and the conduct of Louis
IS son, the sum of $1,000 was intended
II as trust for the use and benefit o
IS the said Mary Kaleiaiii and her chill
d dren by the said McKeague.
Wherefore the complanants pra
-, that the honorable Court declar
= that the said sum of 5000 is AM
-, was when the agreement was mad
e a trust for the use and benefit O
- Mary Kaleialii anG her children an,
- that the defendants are trustees 70
the complainants of said sum O
money and accrued interest.
10 Also, they pray that the defend
ID ants do render to the Court an az
ir count of said trust fund, shown
at what payments have been made an
is crediting complainants with interes
to- thereon at the legal rate.
ry Also, that Mary Kaleialii be al
pointed guardian and next friend {
said minors to prosecute their su
a herein.
IL A. Rosa and Charles Creighto
is for complainants.
O. Judge Whiting has endorsed ii
IN bill with the following order: "Upc
lg the showing made in the forcgoin
a petition it is ordered that MAJ
ed Kaeialii be and she is hereby a
pointed guardian and next friend
-, said minors and may bring tn
~ suit"