The Hawaiian gazette., 1893-06-06

OPINION OF TIE COURT By NE. HARTSELL.
The following is the statement of
facts agreed:
George Wood died in Honolulu
IN the year 1867, having before death
made and executed his last viii and
testament, which Will hiss been duly
admitted TO probate by the Supreme
Court, q copy Of which is hereto an
nexed and made part hereof
The fifth clause or item of said
viii is as follows:
Subject to my debts and the lega-
eies hereinbefore granted with which
l first charge my estate, give and
bequesth al my property, both real
and personal snd mixed, to my be-
loved daughter, Elizs Vincent Wood,
and her heirs, the same to be held in
trust, however, by my executors here
in provided for during the natural
life Of my said daughter. and the
same Is to be managed snd controll-
ed BY them for her use and benefit,
they accounting for and paying over
to her the income from the same up
on her reasonable request; and upon
her decesse, IN case she has not during
her lifetime disposed OF the said estate
by VIII or otherwise, 1t is ny will
that my executors shall distribute
the said estate sud any increase
thereof among the legal heirs OF my
said daughter, according TO the law
then existing for the distribution of
estates of iuteststes-'
The sixth clause Or item Of said
viii IS as follows:
Jordan and appoint Captain Ben
igmin F. Snow and Charles R. Bish-
Op Of Honolulu executors OF this nv
last vii and testament and guard
ans OF the persons and property OF
ny daughter. Eliza Vincent Wood.
and II case Of their dseesse or refus-
q 70 take the trust, whatsoever the
Court OF Probate shall appoint to ex-
ee1ts this viii shall be and Is hereby
vested with all OF the powers and
rights granted by this VIII to nv ex-
ecutOrs named by me, and 1t Is my
viii and the parsons hereby appoint
ed ny executors and guardians Of ny
daughter or whoever may be ap-
pointed 10 I'LL their places as how
ever provided shall during the natur
Al life OF my said daughter hold my
entire estate, real personal and mix
ed IN trust and manage and control
the same for the best interest Of the
legstees hsrsinbef0Te named. and out
OF the income Of the same pay the
legseies and requests as hereiRbefore
provided, and that upon ths decssse
OF my daughter. unless she has by
will or otherwise disposed of her in.
terest II ny estate IS granted by
this viii, 10 distribute the same
among the legal heirs Of my daught-
eE. according 20 the law then existing
for the distribution of iutestste es-
tstss, subject to any charge upon the
same then existing to pay the snnui
ties OF allowances provided for in
this WILL
The said Eliza Vincent Wood sf-
terEsrds iutsrmsrried with one ".
IL Ansiin, who died leaving him sur
TiTing the said Eliza Vincent Austin:
that no issue we're born OF said mar
rage
That after the death OF said ".
IL AnstIn, his said widow intermsr-
ned With the said r. ". Holt, and
that on the day OF December,
1891, the said Eliza Vincent Holt
died leaving 10 issue her surviving
nor having had issue By said z. W.
Holt; that the said Eliza Vincent
Holt, before her death made and e1-
ecuted her last viii and testament,
which viii has been duly admitted to
probate. copy whereof Is hsreto an
nexsd and made part hereof
That under the said last will sud
testament the whole Of the estate Of
said KIizs Vincent Holt VS. devised
to her said husband. Z. ". Holt.
Thai the said Ono Iuko Is z bro-
t0e- II tie aid Ella Vincent Holt.
and that me left 10 other heir at law
Her surviving s1csptIng her aid
bRSDsnl and her said brother.