The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-04-19
COURT NOTES.

In the equity case of Kapuakele
vs. Isaac D. Iaea, to cancel a deed
of conveyance, Judge Cooper has
ordered that defendant make an
swer to certain allegations which
were left unanswered. Ten days
given to do so. Carter & Garter
for plaintiff; J. K. Kahookano for
defendant.
J. K. Fabian, storekeeper in La
hama, Maui, has been adjudged a
bankrupt, on his own petition, by
Judge Cooper, and Friday next is
set for proving claims and election
of assignee. w. c. Parke for the
petitioner.
In the $4,000 damage suit be-
tween John r. Silva, of Manoa,
Honolulu, plaintiff, and J. w.
Kuaimoku. OF Kona, Hawaii, de-
PENDANT, the plaintiff has filed an
indemnity bond of 800 condi.
toned for paying defendants trav-
cling expenses in going to and
from the place of trial. THIS is a
requirement Of the new Judiciary
Act, which allows the bringing Of
suits outside of the immediate cir
cui. only upon the filing of bonds
securing the expenses that may be
incurred by party defendants. J.
M. Davidson for plaintiff; w. r.
Castle for defendant.
In the case of G. w. Booth and
others VS.. Kamolokai and others,
equity suit for partition of real
estate SITUATE in Pauoa, Honolulu,
a decree of mutual partition has
been filed in accordance with the
decision filed by Judge Cooper in
said cause. J. A. Magoon for
plaintiff; w. A. Kinney for de-
PENDANTS.
A. w. Carter, as assignee of the
bankrupt estate of w. 81. Smith,
the carpenter, has filed an inven-
tory of the property in said bank
rupt estate.
In the matter of constituting the
will Of the late John III. Wood,
Judge Cooper has decided that the
trustees under the will may apply
the income of third of the resi-
duary estate towards support and
of the grandchildren
of the deceased. We make the
following extracts from the de-
cision: After making certain
legacies testator devised the re-
mainder of the estate into three
equal parts to be held in trust
until the year 1900, that is until
that year Flora (Wood) Jones,
gets only the income of
one-third, Stella (Wood) Dixon, an
other daughter, gets the income of
one third, and the other third is
to be invested for the benefit of
such of the deceased's grand
as shall be living until
their majority, when this third is
to be equally divided. The bill
in equity has to do more particu-
larly with the third which is to be
invested for the benefit of the
grandchildren and especially as to
whether or not the income is to be
accumulated or paid to the child
rem as it is earned. The Court
says that the question is somewhat
perplexing but in the absence of a
positive and clear statement in the
will that the income should be
accumulated and only paid when
the principal was payable, the
Court has come to the conclusion
that the testator meant to use the
word benefit" so as to apply to
the present and did not intend to
restrict it to the future. Further
more, the Court remarks, it appear
ing from the bill in equity that
three of the children are destitute
Of other means of support, it feels
justified in placing such a con-
struction upon the will as will per-
nit them to receive immediate
benefit from the estate. A. S.
Hartwell for the trustees, w. A.
Kinney as guardian ad Item, and
A. Perry for Stella Dixon and
others. E.