The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-07-17
COURT NOTES.
A New Jury Law May be Passed
by the Councils.

Saturday In presence OI JuuBe
Cooper, and the list of names has
been handed to the Marshal for
service. The new Constitution,
promulgated on the A h instant,
requires all jurors to take the oath
to support the same, but the last
preparation for jury lisus was in
March last. Unless jurors on those
lists qualify themselves, it will be
difficult to get complete panels OF
Jurors to serve unless the two
panels Hawaiian and foreign) are
to be mixed and the jury drawn
from the mixed panel. In all pro-
liability, as has been suggested by
some OF the lawyers, a law will be
passed by the Councils to enable
this to be done.
Judge Whiting will be the pre-
siding Judge at the next term of
the Circuit Court, to be held next
month.
Sam Hookano has been appoint
ed District Magistrate of Eva,
Oahu, in place of F. A. KeIiinoho-
pono, who has resigned to take a
more lucrative office, being that of
Deputy Tax Collector for Eva and
Waianae.
Judge A. N. Kapoikai, of Wal
lukn, Maui, of the Second Circuit
Court, has come down for short
visit.
In the matter of the estate of the
late E G. Damon, Judge Whiting
has admitted the will to probate,
and ordered letters testamentary to
issue to the widow without bonds.
]. A. Magoon for the petitioner.
In the bankruptcy matter of Tai
Wo Chan Company, eight claims
have been proved amounting to
over $4,000, and F w. McChesney
and Lum Kau are the nominees
for the Office of assignee. APP
pointment to be made this morn
ing.
In the matter of the estate of the
late Geo. E. Richardson, Judge
Cooper has rendered an important
decision in relation to the distribu-
ton of the property belonging not
only to the deceased but also to
the widow who died soon after.
The facts are as follows: Mrs.
Geo. E. Richardson who had an
illegitimate daughter married her
first husband one c.. Hapai by
whom she had a son. Afterwards
the first husband dying she mar
ried the late Geo. E. Richardson,
her second husband, with whom
she had four children. The illegi-
innate daughter and her son by
the first husband are still living.
In 1892 the second husband who |
made will, died leaving the wife |
and four Richardson children sur
viving him. Soon after, Mrs. |
Richardson died, and thereafter
one of the Richardson children
died, also. All these three deaths
happened during the month of
April in 1892. In 1891 Mrs. Rich
ardson had executed an instru-
ment by which she sold and con-
yeyed all her estate as a married |
woman to her four children by
Richardson, and there appears to
have been two insurance policies
on the life of Geo. Z. Richardson,
one being in favor of the estate and |
the other in favor of one of the
children who is still |
living. The questions presented for
decision were, first, does the widow
take under the will or by right of
dover? Second, if by right of dow
er, is the insurance policy payable
to the estate to be considered such
property as would entitle the widow
to dover? Third, what is the effect
of the instrument executed by Mrs.
Richardson? Fourth, who are the
heirs of Mrs. Richardson? Fifth,
who are the heirs of the deceased
child?
In relation to the first point
Judge Cooper says that as the wild
DIV had not had her election within
the prescribed time and that pre-
;cribed time not having expired
before her death, the Court must
make the election for her, which is
hat she take her dover and not by
he terms of the will. To the sec
ind point, the Court holds that the >
insurance policy made payable to
he estate is subject to the widows
lower. To the fourth question the
Court holds that the Illegitimate
laughter inherits with all the other
children. To the fifth point, Judge
Cooper holds that the illegitimate
laughter inherits with the others
Is far as the estate of Mrs. Rich
Lrdson ia concerned. but not other