Hawaii holomua = Progress. [volume] (Honolulu) 1893-1895, 1894-04-19
Explanations Wanted.

We note with surprise and re-
gret, that His Honor the Chief 1
Justice has been named as guar
dian Gd Item of the minor child /
rem Of c. 4. Brown and Mrs. !
Brown, to represent and protect |
the interests of said minors, in a
suit now pending in the Circuit |
Court, where Mrs. Brown sues
her husband for alleged mis-
management of her estate, and
for the purpose of obtaining a
construction of the WILL of her
father, the late John Ii. 1t is
generally understood that said
will was drawn by Mr.. Judd,
though this may not be the case.
Quite apart from what seems to
Us the extreme undesirability of
our Supreme Court Justices run
ming a side show avocation as
professional Guardians, Admins
traitors, Executors and Trustees
of estates that are likely to, at
any day become the subjects of
litigation in their own court and
thereby disqualifying themselves
for the discharge of their duties
as imposed by the constitution,
and as paid forby thepeople, there
is another phase of the case in
hand which seems to demand an
explanation. 1t is a demand for
a statement as to where Mr..
Judd's personal and family inter
ests lie, in relation to the inter-
ests of the minors, whom he is
thus appointed to represent.
1t is notorious in this com
munity that Mr.. Ii left large
estate by will to his daughter,
the present Mrs. Brown, who is
party plaintiff in the suit now in
Court. 1t had always been sup
posed, until very recently, Of we
are correctly informed) that the
will in question conferred upon
the daughter an absolute estate,
in fee simple, to the property of
the father, or substantially the
whole Of it. Upon the faith of
this supposition, her property
was mortgaged for large amount
by herself and her husband, the
title being passed" and accept
ed as absolute, $50 it is said) by
one of our leading attorneys,
who was employed for that pur-
pose by the firm making the
advance upon the mortgage.
But more recently las stately a
closer inspection of the will has
revealed that the daughter, Mrs.
Brown. takes only life estate
in her fathers property, with
remainder over to her children.
should she have any surviving.
She is now blessed with two
children, bnt is liable, like others
of her sex, to "all the ills that
flesh is heir to" hence the un-
easiness that lit is said) has lately
become manifest on the part of
the parties holding the mortgage
If she should unhsppily decease
before the mortgage is redeemed.
her estate in the land would at
once devolve upon her children
as takers under her fathers will,
and the mortgages would have no
recourse against the property.
In the light of this explanation
their anxiety becomes easy of
comprehension.
There is q further fact, or
rumor, which seems to bear upon
the propriety or improperly of
MIR. Judd's appointment as guar
dian ad litem of the minors. 1t
is this. During the minority of
Mr.. Brown, she was under the
guardianship. both as to her
person and her property of Mr..
Judd and DR.. Hyde. In the gen.
crosby of her girlish friendship
for certain Of the children of Mr..
Judd she agreed, i.e. promised.
shat she would upon reaching
majority convey as gift. to those
children, that very desirable
piece of land at Pswas. lying
makai of King street. between
shs property Of Hon J. \. Cams