The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1894-02-05

Judge Frenr that the petitioners learned
that there had never ben any presrnta-
ton in the pruhrto Com, or examination
and approval by sid Court o? such nc
counts.
And your petitioners further aver that
the said William f, Alien has not paid
or rendered to either pf your petitioners
the sum Of .S7i.3!EI.52 90 which by the
said order Of Judge Frrar ;hCv were de-
clared to be entitled. but that he obtain.
ed a power of attorney from your pcti-
TONER. Clara III. Banning. authorizing
him to receipt for her share of said funds
and hold them as her agent and n receipt
for his share thereof from your petitioner
Bcrnhnrlt Rudolph Banning.
And your petitioners say that said
power Of attorney anil said receipt were
given by your petitioners respectively
under u misHpprchension 1T material facts
and conditions and in consequences Of a
cOncralmcnt If mnt,rirl facts and con-
ditions and uf undue influence exercised
upon your petitioners. and more especial
ly upon your petitioner B"rnhardt
Rudolph Blnning. who ~ the said vii
liam +. Alien well knew was not person
Of business knowledge or experience and
was not advised in the matter by any dis
interested and competent adviser. and
which said misrepresentation. conccalmrnt
and undue influence were caused. made
and exercised Ivy the said William f.
Allen.
That until shortly before the twenty
fifth birthday ur your petitioner Bern
har,lt Rudolph Banning he had made no
investigation into the condition If his
fathers estate. and did not know either
l.
in which the sud trust funds were in
vested. ar the kind Of securities in which
IL was necessary or proper that such
funds should br invested. and huth your
petitioners supposed that the ordinary
m"thud Of mercantile or speculative in.
vCs.mrnt VIA and would h. approved 10y
the Probai" Court in case Of the invest
mcnt Of said trust funds
That your petitioner Bcrnharlt Rud.
olph Banning came 10 Honolulu IN the
month of December last for the purpose
Of entering into possession Of his share of
his fathers estate. and WIS on his arrival
in Honolulu urgently requested 10y the
said William i. Allen Ia reside with him
while in sid Honolulu. and that he ac-
copied sail invitation and the generous
o.pitali,ics ~ ,rr sad William y. Allen
with great reluctance aud solely because
II appeared Ia him from the manner and
language 81 the said William T.. Allen
that otherwise he would cause offence
and bc in some way placed in II position
which would entail trouble 'o himself
and his mother
That prior To- tho making of sail order
of Judge Frpnr and Will" accepting said
hospi,alitics from and residing with tho
said William +. Allen. h" the -ail Bern.
hardt Rudolph Banning discovered that
whenever he cnuuircd concerning the
said estate. such enquiry appeared to bc
dispensing 10 the said William +. Allen.
and IL resulted In scant information
being given "a him /: but that after having
signed the said receipt the said Bcrnhnr,lt
Rudolph Banning was informed. and for
the first time learned. that said securities
We're. except ~ Ia suid Government
bonds. unsafe and improper invest.
m"nts 81 trust funds and that he could
not have been compelled to- acluicscc In
or accept III" same IL trust Investments
made under lie provisions ~ said will.
That no r. ference IL mad" IN the ne.
counts presented in Court by snid vii.
liam i. Allen. ~ any loss ~ aIid trust
funds 10y improper investments. although
the sum Of 5000 was actually lost 10y nm.
authorized investments in certain Seattle
and Union Iron Works Co. securities.
That the said William +. All.n. by
emitting 20 Tile IN Court u full exact and
tru" account Uf all his receipts AMI *.
pcnditurcs AMI inv, Sim"ntT Ut III" lime of
his filing of .ah petition. had deprived
Nuur petitioners nr the ordinary means,
which in such rus,s would h. available.
from scHsrnuly obtaining information
from dirintrr'std and competent per.
sons ~ Ia III" cause uf said losses. aud
the prnprirty 81 said investments. ard
also caused Inc sul Judge Frrur Ia omit
making amy enquiry into the same. AMI
that 10y reason 81 such omission 10 tile
such accounts in -uil Probate Court. or
to furnish your petitioners with full.
timely. and exact knowledge thereof the
said power If attorney and tn" siiid re-
ccipt were given inadvertently. aud win.
out knowl,'lg" on the part Of your prti,
tion"rS "i tho FACES alr citing the 'amr, or
OF their rights in the premises.
Wherefore your petitioners submit, that
the said order approving sail accounts,
and discharging said william r. Alien
from all further responsibility IL n,lmini.
strHtOr with the will Hun"X' Il 81 til" estate
Of the said J. +. q, Iirnnin', and tia, his
said bond be- cancelled, and 'lt hcd,livrr
to your petitioners III" property remain,
ing in his hands. h. r, ,ciudrd. vacated,
and unnulln,l. AMI thai "a" SAID William
+. Allen t." th"r'upnn ordered and r'-
quircd forthwith Ia Tile his account 81 all
his receipts, expenditures. and invest
nients in RESPECT Of tho nald estate.